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THE MEDICAL TERMINATION OF PREGNANCY ACT, 1971
No. 34 OF 1971
[10th
August, 1971]
An
Act to provide for the termination of certain pregnancies by registered
medical practitioners and for matters connected therewith or incidental
thereto.
Be
it enacted by Parliament in the Twenty-Second Year of the
1.
(1) This Act may be called the Medical Termination of Pregnancy Act, 1971.
(2)
It extends to the whole of
(3)
It shall come into force on such date as the Central Government may, by notification
in the Official Gazette, appoint.
2.
In this Act, unless the context otherwise requires, -
(a)
"guardian" means a person having the care of the person of a minor
or a lunatic;
(b)
"lunatic" has the meaning assigned to it in Section 3 of the Indian
Lunacy Act, 1912;
(c)
"minor" means a person who, under the provisions of the Indian
Majority Act, 1875, is to be deemed not to have attained his majority;
(d)
"registered medical practitioner" means a medical practitioner who
possesses any recognised medical qualification as defined in clause (h) of
Section 2 of the Indian Medical Council Act, 1956, whose name has been
entered in a State Medical Register and who has such experience of training
in gynaecology and obstetrics as may be prescribed by rules made under this
Act.
3.
(1) Notwithstanding anything contained in the Indian Penal Code, a registered
medical practitioner shall not be guilty of any offence under that Code or
under any other law for the time being in force, if any pregnancy is
terminated by him in accordance with the provisions of this Act.
(2)
Subject to the provisions of sub-section (4), a pregnancy may be terminated
by a registered medical practitioner, -
(a)
where the length of the pregnancy does not exceed twelve weeks, if such medical
practitioner is, or
(b)
where the length of the pregnancy exceeds twelve weeks but does not
exceed
twenty weeks, if not less than two registered medical practitioners
are,
of opinion, formed in good faith, that -
(i)
the continuance of the pregnancy would involve a risk to the life of the
pregnant woman or of grave injury to her physical or mental health; or
(ii)
there is a substantial risk that if the child were born, it would suffer from
such physical or mental abnormalities as to be seriously handicapped.
Explanation-I
:
Where
any pregnancy is alleged by the pregnant woman to have been caused by rape,
the anguish caused by such pregnancy shall be presumed to constitute a grave
injury to the mental health of the pregnant woman.
Explanation-II
:
Where
any pregnancy occurs as a result of failure of any device or method used by
any married woman or her husband for the purpose of limiting the number of
children, the anguish caused by such unwanted pregnancy may be presumed to
constitute a grave injury to the mental health of the pregnant woman.
(3)
In determining whether the continuance of pregnancy would involve such risk
of injury to the health as is mentioned in sub-sector, (2) account may be
taken of the pregnant woman's actual or reasonable foreseeable environment.
(4)
(a) No pregnancy of a woman, who has not attained the age of eighteen years, or,
who, having attained the age of eighteen years, is a lunatic, shall be terminated
except with the consent in writing of her guardian.
(b)
Save as otherwise provided in clause (a), no pregnancy shall be terminated except
with the consent of the pregnant woman.
4.
No termination of pregnancy shall be made in accordance with the Act at any
place other than - (a) a hospital established or maintained by Government, or
(b)
a place for the time being approved for the purpose of this Act by
Government.
5.
(1) The provisions of Section 4, and so much of the provisions of sub-section
(2) of Section 3 as relate to the length of the pregnancy and the opinion of
not less than two registered medical practitioners, shall not apply to the
termination of a pregnancy by a registered medical practitioner in a case
where he is of opinion, formed in good faith, that the termination of such
pregnancy is immediately necessary to save the life of the pregnant woman.
(2)
Notwithstanding anything contained in the Indian Penal Code, the termination
of pregnancy by a person who is not a registered medical practitioner shall
be an offence punishable under that Code, and that Code shall, to this
extent, stand modified.
Explanation
:
For
the purposes of this section, so much of provisions of clause (d) of Section
2 as relate to the possession, by a registered medical practitioner, of
experience or training in gynaecology and obstetrics shall not apply.
6.
(1) The Central Government may, by notification in the Official Gazette, make
rules to carry out the provisions of this Act.
(2)
In particular, and without prejudice to the generality of the foregoing
power, such rules may provide for all or any of the following matters,
namely:-
(a)
the experience or training, or both, which a registered medical practitioner shall
have if he intends to terminate any pregnancy under this Act; and
(b)
such other matters as are required to be or may be, provided by rules made under
this Act.
(3)
Every rule made by the Central Government under this Act shall be laid, as soon
as may be after it is made, before each House of Parliament while it is in
session for a total period of thirty days which may be comprised in one
session or in two successive sessions, and if, before the expiry of the
session in which it is so laid or the session immediately following, both
Houses agree in making any modification in the rule or both Houses agree that
the rule should not be made, the rule shall thereafter have effect only in
such modified form or be of no effect, as the case may be; so, however that
any such modification or annulment shall be without prejudice to the validity
of anything previously done under that rules.
7.
(1) The State Government may, by regulations,- (a) require any such opinion
as is referred to in sub-section (2) of Section 3 to be certified by a
registered medical practitioner or practitioners concerned, in such form and
at such time as may be specified in such regulations, and the preservation or
disposal of such certificates;
(b)
require any registered medical practitioner, who terminates a pregnancy, to
give intimation of such termination and such other information relating to
the termination as may be specified in such regulations;
(c)
prohibit the disclosure, except to such persons and for such purposes as may be
specified in such regulations, of intimations given or information furnished
in pursuance of such regulations.
(2)
The intimation given and the information furnished in pursuance of
regulations made by virtue of clause (b) of sub-section (1) shall be given or
furnished, as the case may be, to the Chief Medical Officer of the State.
(3)
Any person who willfully contravenes or willfully fails to comply with the
requirements
of any regulation made under sub-section (1) shall be liable to be punished
with fine which may extend to one thousand rupees.
8.
No suit or other legal proceeding shall lie against any registered medical
practitioner for any damage caused or likely to be caused by anything which
is in good faith done or intended to be done under this Act.
THE MEDICAL TERMINATION OF
PREGNANCY RULES
MINISTRY OF HEALTH AND FAMILY
PLANNING
(Department of Family
Planning)
G.S.R.
2543 - In exercise of the powers conferred by Section 6 of the Medical Termination
of Pregnancy Act, 1971 (34 of 1971), the Central Government hereby makes the following
rules, namely:-
1.
Short title and commencement -
(1)
These rules may be called the Medical Termination of Pregnancy Rules,
1975.
(2)
They shall come into force on the date of their publication in the Official
Gazette.
2.
Definitions - In these rules, unless the context otherwise requires,-
(a)
"Act means the Medical Termination of Pregnancy Act, 1971 (34 of 1971);
(b)
"Chief Medical Officer of the District" means the Chief Medical
Officer of
a
District, by whatever name called;
(c)
"Form" means a form appended to these rules;
(d)
"Owner" in relation to a place, means any person who is the
administrative head or otherwise responsible for the working or maintenance
of such hospital or clinic, by whatever name called;
(e)
"Place" means such building, tent, vehicle, or vessel, or part
thereof, as is used for the establishment or maintenance therein of a
hospital or clinic which is used, or intended to be used, for the termination
of any pregnancy.
(f)
"Section" means a section of the Act.
3.
Experience or training etc. - For the purpose of clause (d) of Section
2, a registered medical practitioner shall have one or more of the following experience
or training in gynaecology and obstetrics, namely:-
(a)
In the case of a medical practitioner who was registered in a State Medical Register
immediately before the commencement of the Act, experience in the practice of
gynaecology and obstetrics for a period of not less than three years.
(b)
in case of a medical practitioner who was registered in a State Medical Register
on or after the date of commencement of the Act,- (i) if he has completed six
months of house surgency in gynaecology and obstetrics; or
(ii)
unless the following facilities are provided therein, if he had experience at
any hospital for a period of not less than one year in the practice of
obstetrics and gynaecology; or
(iii)
if he has assisted a registered medical practitioner in the performance of
twenty five cases of medical termination of pregnancy in a hospital established
or maintained, or a training institute approved for this purpose, by the
Government.
(c)
In the case of medical practitioner who has been registered in a State Medical
Register and who holds a post-graduate degree or diploma in gynaecology and
obstetrics, the experience or training gained during the course of such
degree or diploma.
4.
Approval of a place,-
(1)
No place shall be approved under clause (b) of Section 4,- (i) unless the
Government is satisfied that termination of pregnancies may be done therein
under safe and hygienic conditions; and
(ii)
unless the following facilities are provided therein namely:-
(a)
An operation table and instruments for performing abdominal or gynaecological
surgery:
(b)
unaesthetic equipment, resuscitation equipment and sterilization equipment;
(c)
drugs and parenteral fluids for emergency use.
(2)
Every application for the approval of a place shall be in a Form A and shall be
addressed to the Chief Medical Officer of the District.
(3)
On receipt of an application referred to in sub-rule (2), the Chief Medical
Officer
of the district shall verify or enquiry any information contained in any such
application or inspect any such place with a view to satisfying himself that
the facilities referred to in sub-rule (1) are provided therein, and that
termination of pregnancies may be made therein under safe and hygienic
conditions.
(4)
Every owner of the place which is inspected by the Chief Medical Officer of
the district shall afford all reasonable facilities for the inspection of the
place.
(5)
The Chief Medical Officer of the district may, if he is satisfied after such verification,
enquiry or inspection, as may be considered necessary, that termination of
pregnancies may be done under safe and hygienic conditions, at the place,
recommend the approval of such place to the Government.
(6)
The Government may after considering the application and the recommendations
of the Chief Medical Officer of the district approve such place and issue a
certificate of approval in Form B.
(7)
The certificate of approval issued by the Government shall be conspicuously
displayed at the place to be easily visible to persons visiting the place.
5.
Inspection of a place-
(1)
A place approved under rule 4 may be inspected by the Chief Medical Officer
of the District, as often as may be necessary with a view to verify whether termination
of pregnancies is being done therein under safe and hygienic conditions.
(2)
If the Chief Medical Officer has reason to believe that there has been death
of, or injury to, a pregnant woman at the place or that termination of
pregnancies is not being done at the place under safe and hygienic
conditions, he may call for any information or may seize any article,
medicine, ampule, admission register or other document, maintained, kept or
found at the place.
(3)
The provisions of the Code of Criminal Procedure, 1973 (2 of 1974), relating
to seizure shall, so fare as may be, apply to seizure made under sub-rule
(2).
6.
Cancellation or suspension of certificate of approval -
(1)
If, after inspection of any place approved under rule 4, the Chief Medical
Officer of the District is satisfied that the facilities specified in rule 4
are not being properly maintained therein and the termination of pregnancy at
such place cannot be made under safe and hygienic conditions, he shall make a
report of the fact to the Government giving the detail of the deficiencies or
defects found at the place. On receipt of such report the Government may,
after giving the owner of the place a reasonable opportunity of being heard,
either cancel the certificate of approval or suspend the same for such period
as it may think fit.
(2)
Where a certificate issued under rule 4 is cancelled or suspended, the owner
of the place may make such additions or improvements in the place as he may
think fit and there after, he may make an application to the Government for
the issue to him of a fresh certificate or approval under rule 4 or, as the
case may be, for the revival of the certificate which was suspended under
sub-rule (1).
(3)
The provisions of rule 4 shall, as far as may, apply to an application for
the issue of a fresh certificate of approval in relation to a place, or as
the case may be for the revival of a suspended as they apply to an
application for the issue of a certificate of approval under that rule.
(4)
In the event of suspension of a certificate, of approval, the place shall not
be deemed to be an approved place for the purposes of termination of
pregnancy from the date of communication of the order of such suspension.
7.
Review -
(1)
The owner of a place who is aggrieved by an order made under rule 6 may make an
application for review of the order to the Government within a period of
sixty days from the date of such order.
(2)
The Government may, after giving the owner an opportunity of being heard, confirm,
modify or reverse the order.
8.
Form of consent - The consent referred to in sub-section (4) of
Section 3 shall be given in Form C.
9.
Repeal and Saving - The Medical Termination of pregnancy Rules, 1972
are hereby repealed except as respects things done or omitted to be done
before such repeal.
Form
of application for the approval of a place
under
clause (b) of Section 4.
Certificate
of approval.
(Consent)
THE MEDICAL
TERMINATION OF PREGNANCY REGULATIONS, 1975.
G.S.R.
2544 - In exercise of the powers conferred by Section 7 of the Medical Termination
of Pregnancy Act, 1971 (34 of 1971), the Central Government hereby makes the following
regulations , namely:-
1.
Short title extent and commencement -
(1)
These regulations may be called the Medical Termination of Pregnancy Regulations,
1975.
(2)
They extend to all the Union territories.
(3)
They shall come into force on the date of their publication in the Official
Gazette.
2.
Definitions - In these regulations, unless the context otherwise
requires -
(a)
"Act" means the Medical Termination of Pregnancy Act, 1971 (34 of
1971);
(b)
"Admission Register" means the register maintained under regulation
5;
(c)
"Approved place" means a place approved under rule 4 of the Medical
Termination of Pregnancy Rules, 1975;
(d)
'Chief Medical Officer of the State" means the Chief Medical Officer of
the State, by whatever name called;
(e)
"Forms" means a form appended to these regulations;
(f)
"Hospital" means a hospital established or maintained by the
Central Government or, the Government of Union territory.
(g)
"Section" means a Section of the Act.
3.
Forms of certifying opinion or opinions -
(1)
Where one registered medical practitioner forms or not less than two
registered medical practitioners from such opinion as is referred to in
sub-section (2) of Section 3 or 5, he or they shall certify such opinion in
Form I.
(2)
Every registered medical practitioner who terminates any pregnancy shall,
within three hours from the termination of the pregnancy certify such
termination in Form 1.
4.
Custody of forms -
(1)
The consent given by a pregnant woman for the termination of her pregnancy, together
with the certified opinion recorded under Section 3 or Section 5, as the case
may be and the intimation of termination of pregnancy shall be placed in an envelope
which shall be sealed by the registered medical practitioner or practitioners
by whom such termination of pregnancy was performed and until that envelope
is sent to the head of the hospital or owner of the approved place or the
Chief Medical Officer of the State, it shall be kept in the sale custody of
the concerned registered medical practitioner or practitioners, as the case
may be.
(2)
On every envelope referred to in sub-regulation (1), pertaining to the
termination of pregnancy under Section 3, there shall be noted the serial
number assigned to the pregnant woman in the Admission Register and the name
of the registered medical practitioner or practitioners by whom the pregnancy
was terminated and such envelope shall be marked "Secret".
(3)
Every envelope referred to in sub-regulation (2) shall be sent immediately
after the termination of the pregnancy to the head of the hospital or owner
of the approved place where the pregnancy was terminated.
(4)
On receipt of the envelope referred to in sub-regulation (3), the head of the
hospital or owner of the approved place shall arrange to keep the same in
safe custody.
(5)
Every head of the hospital or owner of the approved place shall send to the
Chief Medical Officer of the State a weekly statement of cases where medical termination
of pregnancy has been done in Form II.
(6)
On every envelope referred to in sub-regulation (1), pertaining to a
termination of pregnancy under Section 5, shall be noted the name and address
of the registered medical practitioner by whom the pregnancy was terminated
and the date on which the pregnancy was terminated and such envelopes shall
be marked "SECRET".
Explanation
- The
columns pertaining to the hospital or approved place and the serial number
assigned to the pregnant woman in the Admission Register shall be left blank
in Form I in the case of termination performed under Section 5.
(7)
Where the Pregnancy is terminated in a not approved place or hospital, every envelope
referred to in sub-regulation (6) shall be sent by registered post to the Chief
Medical Officer of the State on the same day on which the pregnancy was terminated
or on the working day next following the day on which the pregnancy was
terminated :
Provided
that where the pregnancy is terminated in an approved place or hospital, the procedure
provided in sub-regulations (1) to (6) shall be followed.
5.
Maintenance of Admission Register -
(1)
Every head of the hospital or owner of the approved place shall maintain a registered
in Form III for recording therein the admissions or woman for the termination
of their pregnancies.
(2)
The entries in the Admission Register shall be made serially and a fresh
serial shall be started at the commencement of each calendar year and the
serial umber of the particular year shall be distinguished from the serial
number of other years by mentioning the year against the serial number, for
example, serial number 5 of 1972 and serial number 5 of 1973 shall be
mentioned as 5/1972 and 5/1973.
(3)
The Admission Register shall be a secret document and the information
contained therein as to the name and other particulars of the pregnant woman
shall not be disclosed to any person.
6.
Admission Register not to be open to inspection - The Admission
Register shall be kept in the safe custody of the head of the hospital or
owner of the approved place, or by any person authorised by such head or
owner and save as otherwise provided in sub-regulation (5) of regulation 4
shall not be open to inspection by any person except under the authority of:-
(i)
in the case of a departmental or other enquiry, the Chief Secretary to the
Government
of a Union territory;
(ii)
in the case of an investigation into an offence a Magistrate of the First
Class within the local limits or whose jurisdiction the hospital or approved
place is situated;
(iii)
in the case of suit or other action for damages, the District Judge, within
the local limits of whose jurisdiction the hospital or approved place is
situated:
Provided
that the registered medical practitioner shall, on the application of an employed
woman whose pregnancy has been terminated, grant a certificate for the purpose
of enabling her to obtain leave from her employer :
Provided
further that any such employer shall not disclose this information to any other
person.
7.
Entries in registers maintained in hospital or approved place - No
entry shall be made in any case-sheet, operation theatre register, follow -up
card or any other document or register (except the Admission Register)
maintained at any hospital or approved place indicating therein the name of
the pregnant woman and reference to the pregnant woman shall be made therein
by the serial number assigned to such woman in the Admission Register.
8.
Destruction of Admission Register and other Papers - Save as otherwise
directed by the Chief Secretary to the Union territory Administration or for
in relation to any proceeding pending before him, as directed by a District
Judge or a Magistrate of the First Class, every Admission Register shall be
destroyed on the expiry of a period of five years from the date of the last
entry in that Register and other papers on the expiry of a period of three
years from the date of termination of the pregnancy concerned.
(Certificate of Registered
Medical Practitioner)
[Regulation 4 (5)]
ADMISSION REGISTER
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