The Medical Termination of Pregnancy Regulations, 1975
Published vide Notification S.R.O. No. 23/76, dated 31st December, 1975, Orissa Gazette Extraordinary/19.1.1976
(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) "Form" means a form appended to these regulations;
(f) "Hospital" means a hospital established or maintained by the State Government;
(g) "section" means a section of the Act.3. Form of certifying opinion or opinions. - (1) Where one registered Medical Practitioner forms or not less than two registered Medical Practitioners form such opinion as is referred to in Sub-section (2) of Section 3 or Section 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 I. 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 envelop 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 safe custody of the concerned registered Medical Practitioner, Practitioners or 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 envelop 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 envelop 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 pertaining to a termination of pregnancy under Section 6, 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 envelope 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 of the Act. (7) Where the pregnancy is not terminated in an 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 register in Form III for recording therein the admissions of women 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 number 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 women 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 Secretary to Government of Orissa, Health and Family Planning Department;
(ii) in the case of an investigation into an offence, a Magistrate of the First Class within the local limits of 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 Secretary to Government of Orissa, Health and Family Planning Department 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 the termination of the pregnancy concerned, 9. Repeal. - The Medical Termination of Pregnancy Regulations, 1972 are hereby repealed : Provided that anything done or action taken under the Regulations so repealed shall be deemed to have been made, done or taken under these Regulations.
[See Regulation 3].................(Name and qualifications of the Registered Medical Practitioner in Block Letters) ...........(Full address of the Registered Medical Practitioner) I...................(Name and qualifications of the Registered Medical Practitioner in Block Letters)............(Full address of the Registered Medical Practitioner).................hereby certify that *I/we am/are of opinion, formed in good faith, that it is necessary to terminate the pregnancy of..................(Full name of pregnant woman in Block Letters)..............resident of............(Full address of woman in Block Letters for the reasons given below ** *I/We hereby given intimation that *I/we terminated the pregnancy of the woman referred to above who bears the serial No.......................... in the Admission Register of the Hospital/approved place.
Signature of the Registered Medical Practitioner/
Signatures of Registered Medical Practitioners
* Strike out whichever is not applicable.
** Of the reasons specified in items (i) to (v) write the one which is appropriate.
(i) in order to save the life of the pregnant woman
(ii) in order to prevent grave injury to the physical or mental health of the pregnant woman ;
(iii) in view of the substantial risk that if the child was born it would suffer from such physical or mental abnormalities as to be seriously handicapped;
(iv) as the pregnancy is alleged by pregnant woman to have been caused by rape;
(v) as the pregnancy has occurred as a result of failure of any contraceptive device or method used by married woman or her husband for her purpose of limitation the number of children.
Note - Account may be taken of the pregnant woman's actual or reasonably foreseeable environment in determining whether the continuance of a pregnancy would involve a grave injury to her physical or mental health.
Signature of the