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State of Uttar Pradesh - Section

Section 2 in The U.P. Government Servants (Special Provisions Relating to Family Planning) Rules, 1976

2. Definitions.

- In these rules, unless the context otherwise requires-
(1)"Government servant" means a person serving in connection with the affairs of the State of Uttar Pradesh to whom these rules apply or, as the case may be, the relevant rule applies;
(2)"eligible person" means a person, being a married person, whose spouse is alive and who together or in the aggregate have or had at the relevant date, not less than three children, but does not include any one of a married couple-
(i)where the husband is above 50 years of age and the wife is or all the wives are above 45 years of age; or
Explanation. - For the purposes of this sub-clause, the age of the Government servant as recorded in his or her official service records shall be deemed to be the correct age of such Government servant. The age of the wife or husband of a Government servant the age as entered in the High School or equivalent certificate or entry in official service records if any shall be deemed correct and in its absence the age as declared by his or her spouse (the Government servant) shall be deemed to be correct except, that in the latter case the husband shall always be deemed to be older than the wife;
(ii)where the last child born to the couple was born not less than 10 years before the relevant date; or
(iii)where a certificate of exemption has been granted by such authority as may be specified by general or special orders of the State Government:
Provided that no certificate of exemption shall be granted except on any one of the following grounds-
(a)where one child or more than one child of the couple-
(i)suffer from serious physical disability such as blindness, being crippled or mentally retarded so as to render it unlikely for him or her to lead a normal life; or
(ii)suffer from such a disease that his or her long survival is doubtful, and the number of remaining children in normal health does not exceed two; or
(b)on such other ground or grounds as may be specified by the State Government by a general or special order :
Provided that any such certificate or exemption shall stand withdrawn as soon as one more child in normal health is born to the couple;
(3)"Disqualification" has the meaning given to the expression in Rule 6;
(4)"Sterilisation" means any surgical operation performed on any man or woman by a medical practitioner (approved in that behalf under general or special orders of the State Government) with the object of rendering such person incapable of producing an off spring, and a person shall not be deemed to be sterilised unless he produces a certificate in that behalf from the medical practitioner who performed such operation, failing which, by his authorised medical attendant (as defined in the Medical Attendance Rules applicable to him).