R.1 Short title and commencement.

       .—(1) These rules may be called the Medical Termination of Pregnancy Rules, 2003.
       (2) They shall come into force on the date of their publication in the Official Gazette.
       
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       1. Vide G.S.R. 485(E) dated 13th June, 2003, published in the Gazette of India, Extra., Pt. II, sec. 3(i) dated 13th June, 2003

R.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” 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 a hospital or place, by whatever name called, where the pregnancy may be terminated under this Act.
       (e) “Committee” means a committee constituted at the district level under the proviso to clause (b) of section 4 read with rule 3.

R.3 Composition and tenure of District level Committee.

       .—(1) One member of the district level Committee shall be the Gynaecologist/Surgeon/Anesthetist and other members from the local medical profession, non-governmental organizations, and Panchayati Raj Institution of the district:
       Provided that one of the members of the Committee shall be a woman.
       (2) Tenure of the committee shall be for two calendar years and the tenure of the non-Government members shall not be more than two terms

R.4 Experience and training under clause (d) of section 2.

       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 the case of a medical practitioner, who is registered in a State Medical Register:—
       (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

R.5 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:—
       in case of first trimester, that is, up to 12 weeks of pregnancy:—
       a gynaecology examination/labour table, resuscitation and sterilization equipment, drugs and parental fluid, back up facilities for treatment of shock and facilities for transportation; and
       in case of second trimester, that is up to 20 weeks of pregnancy:—
       (a) an operation table and instruments for performing abdomin

R.6 Inspection of a place.

       .—(1) A place approved under rule 5 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, ampoule, 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, so far as it may, apply to seizure made under sub-rule (2).

R.7 Cancellation or suspension of certificate of approval.

       .—(1) If, after inspection of any place approved under rule 5, the Chief Medical Officer of the District is satisfied that the facilities specified in rule 5 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 Committee giving the detail of the deficiencies or defects found at the place and the committee may, if it is satisfied, suspend or cancel the approval provided that the committee shall give an opportunity of making representation to the owner of the place before the certificate issued under rule 5 is cancelled.
       (2) Where a certificate issued under rule 5 is cancelled, the owner of the place may make such additions or improvements in the place and thereafter, he may make an application to the Committee for grant of approval under rule 5.
 

R.8 Review.

       .—(1) The owner of a place, who is aggrieved by an order made under rule 7, may make .an application for review of the order to the Government within a period of sixty days from the date of such order:
       Provided that the Government may condone any delay in case it is satisfied that applicant was prevented by sufficient cause to make application within time.
       (2) The Government may, after giving the owner an opportunity of being heard, confirm, modify or reverse the order.

R.9 Form of consent.

       The consent referred to in sub-section (4) of section 3 shall be given in Form C.

R.10 Repeal and saving.

       The Medical Termination of Pregnancy Rules, 1975, are hereby repealed except as respects things done or omitted to be done before such repeal.