THE PUNJAB VACCINATION ACT, 1953

1953 : Pb. Aet XLIX) VACCINATION 293 THE PUNJAB VACCINATION ACT, 1983, TABLE OF CONTENTS SECTIONS 1. Short title and extent. 2. Interpretations. 3. Prohibition of inoculation and inoculated persons from cntering without certificates, 4, Vaccination circles. 5. Vaccinators and Superintendents of Vaccination 6. Private vaccinators. . 7. Unprotected child to b3 jvaccinated or re-vaccinate! 8. Inspxction after vaccination, 9. Procedure when vaccination is successful, 10. Proczdure when vaccination is unsuccessful. 11. What vaccine lymph to be used. 12, Vaccination fee. 13. Duties of Superintendent of Vaccination. 14. Order by Magistrate when notice under section 13 is not obeyed. 15. Power to make rules, 16. Punishment of offences, * 17. Local bodies to receive fees and meet expenditure, 18. Repeal of Act, XIII of 1880, G Scanned with OKEN Scanner 1953 : Pb. Act XLIX] VACCINATION 295 \THE PUNJAB VACCINATION ACT, 1953. PuniaB Actr No. XLIX or 1953, Received the assent of the Governor of Punjab on the [ 3rd November, 1953, and was first publljshed in the Punjab Government Gazette (Extraordin, of the 9th November, 1953.] ¢ dinary), T 1 2 3 4 No. Short title Whether repealed or otherwise Year affccted by legislation 1953 .. | XLIX | The Punjab Vaccipa- |Amended by Punjab Act No. 2 tion Act, 1953 of 1959.2 Extended to the territories which immediately before the 1st No- vember, 1956, were comprised in the State of Patiala and East Punjab States Union by Punjab Act No. 8 of 1961.* Amended by the Punjab Re- organisation _ (Chandigarh) (Adaptation of Laws on State land Concurrent Subjects) Order, 1968 An Act to give power to prohibit inoculation and to make the primary vaccination and re- vaccination of children compulsory throughout Punjab. It is hereby enacted as follows :— 1. (I) This Act may be called the Punjab Vaccina- tion Act, 1953. For Statement of Objects and Reasons, see Punjab Goverument Gazetle s for proceedings in the Legis- (Bxtra-ordinary), 1953, pages 15d1-i and 1541+ lature, see Punjab Legislative Assembly and Councll Debates, 1953. 3For Statement of Objects and Reasons, see Punjab Government Ga. (Extra-ordinary), 1958, page 1458. For Statement of Objects and Reasons, see Punjab Government Gazette (Extra-ordinary), 1960, page 2005, zette G Scanned with OKEN Scanner Short title and extent. 296 VACCINATION [1953 : pp, Act XLy 2) It shall extend to (he whole of the 1 Uni ) @ fory of Chandigarh, [Union Tery;, Interpretations. 2. In this Act, unless the contexi otherwige , quires,— e (1) “child” means a berson who hag not ajtg; the age of thirteen years ; e (2) “Governmen” meang the *[Centra Govery,. ment] ; () “guardian” means any person to whom the care, nurture or custody of any chilq fallg (9 “inoculation” means any operation performed with the object of producing the disease of smallpox in any person by means of variolous matter ; (5) “local area’ means an area under the control of a local authority, including a Canton- ment ; (6) “‘prescribed” means prescribed by rules made under this Act 3 (7) “primary vaccination” js the first successful vaccination after birth; ®) “ge-vaccinaliqn" is any ubsequent vaccina- tion after primary va tion ; ; (9) “unprotected chjld” means a child who has not had smallpox and has not been N == P 3 Re-organis- Substituted for the words “State of Punjab by the Punjab ) tion (Chandigarh) (Adaptation of Laws on State and Concurrent ~ Subjects) Order, 1968, *Substituted for the words “Government of the State of Punjab” by 1bid. G Scanned with OKEN Scanner 1953 : Pb. Act XLIX] VACCINATION 297 v_ac:inaled, or who has not, within a period of five years, been successfully re-vaccinated, (10) *“‘vaccination” means an operation by which sufficient lymph is introduced into the skin and allowed (o be absorbed without any inter- ference or exposure to sun for at least fifteen minutes following the operation ; ’ (I1) “‘vaccination station” means a place where vaccination is performed free of charge by the direction or under the authorisation of the Medical Officer of Health concerned ; (I12) “‘vaccination circle” means a local area or one of the parts-into whicha local area has been divided under this Act for the performance of vaccination (13) “vaccinator”” means any person appointed under the Act to perform the operation of vaccination or any private person authorised by the Go- vernment to perform the same operation and includes a Superintendent of Vaccination *[and Inspector of Vaccination and Sanitation]. 3. Inoculation shall be prohibited throughout the Prohibiton of in- State, and no person who has undergone inoculation shail Ooulation and enter the State before the lapse of forty days from the date from ~entering of the operation, without a cerlificate from a medical Without certificate. practitioner of such class as the Government may, from time to time, by written order authorise to grant such certificate stating that such person is no longer likely to produce smallpox by contact or near approach. 4. A local area may in the prescribed manner be Vaccination Circles. divided into a number of vaccination circles. 5. (I) One or more vaccinators shall be appointed vaccinators and . - A . ) 3 Superintendents of with the p-escribed qualifications for each vaccination Juperioicrents o 1Added by Punjab Act No. 2 of 1959, G Scanned with OKEN Scanner ‘ 208 VACCINATION [1953 . Pbh, Act XLry i and one or more Superimex.ldenls °f,Vaccin i :Illfille’bg appointed with the Pprescribed q"ahfi‘?a'ion?lfzg each local area. (2) Each of the oflicers. referrqd to in S“b-section a shall be known as 3 “public vaccinator”’, ) feale Varcinators 6. The Govemmcpt may, by Written lice subj i a8 conditions as prescribed authorise Private v, matjgrcs‘ to perform vaccination In any vaccinatipn circle, anq mMay suspend or cance] any such Ilcence. E Unprotecied child 7. (1) The guardian of every unprotected child Who :tgbev"?g;'“ oF has not been vaccinated shall Procure jtg Primary vacci. nation before the child attajng the age of six months, and vaccination and D th YacCinations, apd between the Jast re-vaccination apq his attaining the age of thirteen years sha]] not, in any case, be more than five years, t ¢ of residence, notify the same to the Medlca! Officer of Health, or any other person authorised by him in this behalf, of the place from which the residencp Was changed furm'shing full particulars as to the new resi- dence of the child, 4) If 3 vaccinator finds that an un rotected child is 1ot in 3 fit state of health to be vaceinate Or re-vaccinated, child a certificate d is not thenin a fit state for vacci- nation or Te-vaceination as the case ma:jy be. . Such certi- ficate shaj] remain in force for the perio Y a vaccinator if - The reason for the unfitness shall be specified in the certificate, (& scanned with OKEN Scanner 1983 : Pb. Act XLIX] VACCINATION 299 Provided that if the child is still f . unfit for vaccination or rc-vaccingt‘ilgg '(l)h‘:e in tq state granted shall be renewed. g certificate (0) If a vaccinator finds that ; is in a state of health fit for vaccina&zilgnu:rprr%'jgce < c:; B he shall vaccinate or re-vaccinate such child and m:iml'nm to its gu;\rdx;m a memorandum stating the date on ellz.‘il e]: the vaccination or re-vaccination was performed, s; v:cif? ing the date, time and place at which, the child S’ho‘l’l]d g; present or be produced as the case may be, for inspection (7) The Medical Officer of Health may at H cancel any certificate given under this sec¥ioan a?fy }:én:z catisfied that the child was not unfit, and thereupon such certificate shall cease to be valid, and notice of such cancellation shall forthwith be given by him to the guardian of such child. 8. The guardian of every child who has been vaccinat- Inspection after ed or re-vaccinated shall, on the date, time and place vaccination. notified as aforesaid, take the child or cause it to be taken to a vaccinator for inspection or get it inspected at his house by a vaccinator, and such vaccinator shall then append to the memorandum a certificate stating that the child has been inspected and the result of such inspection. 9. When it is ascertained at the time of inspecting Procedure when a child that the vaccination or re-vaccination hal; beefi;‘;‘:,‘:f‘m‘“““ successful, a certificate shall be given by the vaccinator to the guardian to that effect and such child shall be deemed to be protected for a period of five years after the date of vaccination or re-vaccination, as the case may be. 10. When it is ascertained that the vaccination "':d‘:c‘.‘;"fiw:‘“;: or re-vaccinationhas been: unsuccessful, the child shall be unsucoessful. caused by the guardian fo be vaccinated again (prlhwnh. if so desired by the vaccinator and subsequently inspected as aforesaid: Provided that where the vaccination or _\'e-vaccinqtion has been unsuccessful on three consecutive occasions, the child shall be considered to have patural immunity from smallpox and shall be exempted from vaccination thereafter, ] What vaccine lymph to be used, Vaccination fee, Daties of Superip. tendent of Vacein,- tion. Order by Magis. trate when notice section 13 s 1ot obeyed, Y VACCINATION ¢ Ph, Act 300 [1953 +_Only such vaccine lymph as p by lllez Direcl{)r of Health Services, Tu Chandigarh], shall be used for vaccination, as been ) a Tion Terj Vaceinatie,, Provided that it shall be lawfy] for a py lic v, tor to accept the fee prescribed by Government for v tion or re-vaccination performed at the Tequest of guardian elsewhere than at the vaccination Station_ (2) Private va ccinators 3 Mmay charge the fe the overnment for vacci Superinlendent of Vaccinatio osed on him by Or under all : y other 2 behalf, ‘and the Magistrate receiving such uardian of the child and demand if the explanation is not satis- Wwriling directing the guardian Substitut, I d i uted for the worq ““Punjab” by the Punjab Rcorganisation (Chan 8arh) (Adaptation of Laws on State and Concurrent Subyects) Order, 1968. im” by Substituteq “Executive Magistrate authorised by him” 5 for the words Punjab Act No, 25 of 1964, (& scanned with OKEN Scanner 1953 : Pb. Act XLIX] VACCINATION 301 of the child to comply with the notice and produce a certi- ficate of vaccination before the date .«:rcci ied in the order. If the order is not obeyed by such date '[the Magistrate shall forward the case to a Judicial Magistrate for dealing with the disobedience] as an offence punishable under section 16 of this Act. 15. (1) The Government may m ake rules for giving Power to make effect to the provisions of this Act rules, (2) In particular and without prejudice to the generality of the foregoing power such rules may provide for— (@) the division of a local area into circles for the performance of vaccination ; (b) the appointment of a place in each vaccination circle as a_public vaccination station and the posting of some distinguishing mark in a conspicuous place near the station ; (¢) the qualifications to be required for vaccinators and Superintendents of Vaccination : (d) the authority competent to regulate the appoint- ment, suspension and dismissal of public vacci- nators and Superintendents of Vaccination ; (e) the time of attendance of public vaccinators at the vaccination station, and their residence within the limits of the vaccination circle ; (f) the distinguishing mark or badge to be worn by the public vaccinators and Superintendents of Vaccination ; (g) the conditions of licence granted to private vaccinators under section 6, and for the guid- ance of vaccinators generally in the performance of their duties ; (h) the facilities to be afforded to persons for procuring the vaccination of their children a¢ their own houses ; *Substituted for the words “the Magistrate shall deal with the disobedience” ¥ Punjab Act No. 25 of 1964, G Scanned with OKEN Scanner Punishmen of N [1953. Pb, Act XLiy ; rant and form of certificate, of gy @) 'l‘ly:cgvlnalion and of unfitnegg for VaCCin(:lct?ofiu! ] nature of the vaccine Iymph " (gfc supply of sufficien( quantity /ACCINATION 302 VACH 10 be use of sucp lyr(:];}?d_ (%) the fee to be paid (o a public Vaccinat,, for vaccinating a Person at a place other tp, vaccination station or if Such persop, a at the request of his guardian oy the fe paid to a private vacci € to p Dator under Sectiop 12, ¢ (1) the preparation ang keeping of registers gp oy, ing— () does not ¢ omply wijtp section (3) the provisions of sub- of section 7 H (o) neglects, ;i thout jug( o made upde, T section 14 ; i er (d) commits 4 breach of the rules made und Section 15 , or (& scanned with OKEN Scanner 1953 : Pb. Act XLIX] VACCINATION 303 (e) neglects, without just cause, to obe ) § an order made under section 14 aftor havingybcen pre- viously convicted of so neglecting to obey a similar order made in respect of the same child ; shall be punishable as follows, namely :— (i) in the case of the offence mentioned in clause (az‘,_ with simple imprisonment for a term which may ecxtend to three months, or with fine which may extend to two hundred rupees, or with both ; (i) in the case of the offences mentioned in clauses (b), (c) and (d), with fine which may extend to fifty rupees ; and (ifi) in the case of the offence mentioned in clause (e), with simple imprisonment for a term which may extend to six months or with fine which may extend to one thousand rupees, or with both. 17. The amount of all fees realised, and the amount mcbgisia g of all expenditure incurred, under this Act in any 10cal pect capenditure. ‘area, shall respectively be credited to and paid from the funds of the local authority concerned. 18. The Vaccination Act, 1880, in its application to Repeatof Act X101 the State of Punjab, is hereby repealed. G Scanned with OKEN Scanner