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VACCINATION ACT 1880

ACT NO. 13 OF 1880 1*

[9th July, 1880.]

Short title Application. 1.Short title Application. This Act may be called the Vaccination Act, 1880: and it shall apply only to such municipalities and cantonments3* situate in 4*[Uttar Pradesh,(Application.) 5*[Punjab as it existed immediately before the 1st November, 1956], the Central Provinces, Assam, Delhi, Ajmer] and Coorg as it may be extended to in manner hereinafter provided.

Interpretation-clause. 2.Interpretation-clause.In this Act unless there is something repugnant in the subject or context,-

(1)"Municipal Commissioners."the expression " Municipal Commissioners " means a body of Municipal Commissioners or a Municipal Committee constituted under the provisions of any enactment for the time being in force:

(2) "parent" means the father of a legitimate child and the mother of an illegitimate child:

(3) " guardian " includes any person who has accepted or assumed the care or custody of any child:

(4) " unprotected child " means a child who has not been protected from small-pox by having had that disease either --------------------------------------------------------------------- 1 This Act has been amended in its application to- Ajmer by Act 6 of 1945 ; C. P. by C. P. Acts 3 of 1915, 6 of 1932 and 4 of 1933; C. P. and Berar by C. P. & Berar Act 44 of 1947; U. P. by U. P. Act 2 of 1907. This Act has been repealed in Coorg by Coorg Act 4 of 1950 ; and in Punjab by Punjab Act 49 of 1953. 2 The long title and preamble have been amended in U. P. and C. P. so a to include other local areas. 3 This provision has been amended in U. P. and C. P. so as to include other local areas. 4 The original words have been successively amended by the A.O. 1937 A. O. 1948 and A.O. 1950 to read as above. 5 Subs. by the Adaptation of Laws (No. 2) Order, 1956, for " Punjab". Extended to the whole of Madhya Pradesh by Madhya Pradesh Act 23 of 1958 (when notified.) Rep. in Orissa by Orissa Act 13 of 1960 (w.e.f ---). An. in Himanchal Pradesh an H.P.Act 17 of 1969. Extended to Laccadive, Minicoy and Amindivi Islands (w.e.f. 1-10- 1967): vide Reg. 8 of 1965, s.3 & Sch. Extended to the Union territory of Pondicherry by Act 26 of 1968, s.3 and Schedule. --------------------------------------------------------------------- 4 naturally or by inoculation, or by having been successfully vaccinated, and who has not been certified under this Act to be insusceptible to vaccination:

(5) " inoculation " means any operation performed with the object of producing the disease of small-pox in any person by means of variolous matter:

(6) " vaccination-circle " means one of the parts into which a municipality or cantonment has been divided under this Act for the performance of vaccination:

(7) " vaccinator " means any vaccinator appointed under this Act to perform the operation of vaccination, or any private person authorized 1* *** in manner hereinafter provided to perform the same operation; and includes a " Superintendent of vaccination ":

(8) " vaccination-season " means the period from time to time fixed by the State Government for any local area under its administration by notification in the Official Gazette, during which alone vaccination may be performed under this Act.

Extension of act of municipalities. 3.Extension of act of municipalities. A majority in number of the persons present at a meeting of the Municipal Commissioners specially convened in this behalf may apply to the State Government to extend this Act to the whole or any part of a municipality, and thereupon the State Government may, if it thinks fit, by notification published in the Official Gazette, declare its intention to extend this Act in the manner proposed. Any inhabitant of such municipality or part thereof who objects to such extension may within six weeks from the date of such publica- tion, send his objection in writing to the Secretary to the State Government, and the State Government shall take such objection into consideration. When six weeks from the said publication have expired, the State Government, if no such objections have been sent as aforesaid, or (when such objections have been so sent) if in its opinion they are insufficient, may by like notification effect the proposed extension. --------------------------------------------------------------------- 1 The words " by the L. G." omitted by Act 4 of 1914, s. 2 and Sch., Pt. 1. 2 In the U, P. a new s. 3A has been inserted by U. P. Act 2 of 1907 providing for extension of the Act to other local areas. In the C. P. ss. 3A, 3B, 3C and 3D have been inserted for a similar purpose by C. P. Acts 3 of 1915, 6 of 1932 and 4 of 1933 respectively. --------------------------------------------------------------------- 5

Extension to cantonments. 4.Extension to cantonments.The State Government may 1* *** by notification in the Official Gazette, extend this Act to the whole or any part of a military cantonment.

Power to withdraw local area form operation of Act. 5.Power to withdraw local area form operation of Act. The State Government may, by notification in the Official Gazette, withdraw any local area in a municipality2* or 1* *** any local area in a cantonment, from the operation of this Act.

Prohibition of inoculation. 6.Prohibition of inoculation. In any local area to which the provisions of this Act apply, inoculation shall be prohibited ; and Inoculated persons not to enter, without certificate, local area subject to Act. No person who has undergone inoculation shall enter such area before the lapse of forty days from the date of the operation, with out a certificate from a medical practitioner, of such class as the State Government may from time to time by written order authorize to grant such certificates, stating that such person is no longer likely to produce small-pox by contact or near approach.

Superintendent of vaccination. Superintendent of vaccination. one or more Superintendents ofvaccination shall be appointed in manner hereinafter provided for eachsuch local area. 7.Vaccination circles. Every local area to which this Act applies shall be a vaccination-circle, or shall in manner hereinafter provided be divided into a number of such circles ;

Private vaccinators. 8.Private vaccinators. The 3*[Commissioner] may by written licence authorize private vaccinators to perform vaccination in any vaccination-circle, and may suspend or cancel any such licence.

Vaccinator to vaccinate children, or deliver certificates of postpone-ment. Such vaccinator shall vaccinate the child and deliver to itsparent or guardian a memorandum stating the date 9.Unprotected children to be vaccinated. When any unprotected child, having attained the age of 6 months, has resided for a period of one month during the vaccination-season in any local area to which the provisions of this Act apply, and has not at the expiration of such period attained the age, if a boy, of fourteen years, and if a girl, of eight years, the parent or guardian of such child shall take it, or cause it to be taken, to a vaccinator to be vaccinated, or send for a vaccinator to vaccinate it. --------------------------------------------------------------------- 1 The words " subject to the control of the G. G. in C." omitted by Act 38 of 1920, s. 2 and Sch. I. The words " subject to the control " were subs. by Act 4 of 1914, s. 2 and Sch., Pt. I, for " with the previous sanction ". 2 This provision has been amended in the U. P. and the C. P. so as to include other local areas. 3 Subs. by Act 4 of 1914 s. 2 and Sch., Pt. 1, for "L. G.". --------------------------------------------------------------------- 6

Inspection after vacination. 10. Inspection after vacination. The parent or guardian of every child which has been vaccinated under section nine shall, on the date of inspection stated in the memorandum, take the child, or cause it to be taken, to a vaccinator for inspection, or get it inspected at his own 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.

Procedure when vaccination is successful. 11. Procedure when vaccination is successful. When it is ascertained at the time of inspecting a child under section section ten that the vaccination has been successful, a certificate shall be delivered by the vaccinator to the parent or guardian of such child to that effect, and such child shall thereafter be deemed to be protected.

Procedure when vaccination is unsuccessful. 12. Procedure when vaccination is unsuccessful. When it is ascertained as aforesaid that the vaccination has been unsuccessful, the parent or guardian shall, if the vaccinator so direct, cause the child to be forthwith again vaccinated and subsequently inspected in manner hereinbefore provided.

Renewal of postponement certificates. Renewal of postponement certificates. Provided that, if the childis still found to be in a state unfit for vaccination, the certificategranted under section n 13.Procedure when child is unfit for vaccination. A certificate granted under section nine showing the unfitness of a child for vaccination shall remain in force for the period stated therein, and on the termination of that period, or, if that period terminates after the vaccination-season is over, when the next vaccination season begins, the parent or guardian of such child shall take the child, or cause it to be taken, to a vaccinator to be vaccinated, or procure its vaccination at his own house by a vaccinator:

Certificates of insusceptibility of successful vaccination. 14.Certificates of insusceptibility of successful vaccination.If the Superintendent of vaccination is of opinion that a child which has been three times unsuccessfully vaccinated is insusceptible of successful vaccination, he shall deliver to the parent or guardian 7 of such child a certificate under his hand to that effect ; and the parent or guardian shall thenceforth not be required to cause the child to be vaccinated.

What lymph to be used. 15.What lymph to be used. The vaccination of a child shall ordinarily be performed with such lymph as may be prescribed by the rules to be made under this Act: Provided that, 1st, if animal-lymph is so prescribed and the parent or guardian of any child desires that such child shall be vaccinated with human lymph, it shall be so vaccinated; and 2nd, if in any local area in which animal-lymph is procurable human lymph is so prescribed, and the parent or guardian of any child desires that such child should be vaccinated with animal-lymph, and tenders to the vaccinator the amount of such fee, not exceeding one rupee, as may be fixed by such rules in this behalf, such child shall be so vaccinated.

No fee to be charged except by private vaccinator. 16.No fee to be charged except by private vaccinator. No fee shall be charged by any vaccinator except a private vaccinator to the parent or guardian of any child for any of the duties imposed on such vaccinator by or under the provisions of this Act: Provided that it shall be lawful for a vaccinator to accept a fee for vaccinating a child by request of the parent or guardian elsewhere than in the circle for which such vaccinator is appointed.

Duties of Superintendent of vaccination. 17. Duties of Superintendent of vaccination. 1* The Superintendent of vaccination, in addition to the other duties imposed on him by or under the provisions of this Act, shall ascertain whether all unprotected children, under the age of fourteen years if boys, and under the age of eight years if girls, within the local area under his superintendence have been vaccinated ; and, if he has reason to believe that the parent or guardian of any such child is bound by the provisions hereinbefore contained to procure the vaccination of such child or to present it for inspection, and has omitted so to do, he shall personally go to the house of such parent or guardian, and there make enquiry, and shall, if the fact is proved, forthwith deliver to such parent or guardian, or cause to be affixed to his house, a notice requiring that the child be vaccinated, or (the case may be) that it be presented for inspection, at a time and place to be specified in such notice. --------------------------------------------------------------------- 1 S. 17 has been amended in C. P. and Berar by C. P. & Berar Act 44 of 1947. --------------------------------------------------------------------- 8

Order by Magistrate when notice not complied with. 18.Order by Magistrate when notice not complied with.If such notice is not complied with, the Superintendent of vaccination shall report the matter to the 1*Magistrate of the District, or such Magistrate as the State Government or the Magistrate of the District may from time to time appoint in this behalf ; and the Magistrate receiving such report shall summon the parent or guardian of the child and demand his explanation, and shall, if such explanation is not satisfactory, make an order in writing directing such parent or guardian to comply with the notice before a date specified in the order. Procedure when order not obeyed. If on such date the order has not been obeyed, the Magistrate shall summon the parent or guardian before him, and unless just cause or excuse is shown, shall deal with the disobedience as an offence punishable under section twenty-two. Magistrates to be non-officialls.The Magistrates appointed under this section shall, as far as is conveniently practicable, 2*[not be paid servants of Government].

Power to make rules for municipalities. 19.Power to make rules for municipalities.When this Act has been applied to any municipality or any part thereof, the Municipal Commissioners may, from time to time, make rules consistent with this Act for the proper enforcement of this Act within the limits to which it applies. Such rules shall be made in the manner in which, under the law for the time being in force, the 3*[Municipal] Commissioners make rules or bye-laws for the regulation of other matters within the limits of the municipality, and shall, when confirmed by the 4*[Commissioner] and published in the Official Gazette, have the force of law: Provided that the 4*[Commissioner] may at any time rescind or modify any such rule.5*

Power to make rules for cantonments. 20.Power to make rules for cantonments.When this Act has been applied to any cantonment or any part thereof, the State Government may, from time to time, 6* *** make such rules. --------------------------------------------------------------------- 1 Read District Magistrate, see the Code of Criminal Procedure,

1898 (Act 5 of 1898), s. 3 (2). 2 Subs. by the A.O. 1950, for " be Natives of India, and not paid servants of the Crown ". The last word subs. by the A.O. 1937, for " Govt.". 3 Ins. by Act 4 of 1914, s. 2 and Sch., Pt. I. 4 Subs. by s. 2 and Sch., Pt. I, ibid., for "L. G.". 5 After this section a new s. 19A has been ins. in the U. P. and two new ss. 19A and 19B in the C. P. by U. P. Act 2 of 1907 and C. P. Acts 3 of 1915 and 6 of 1.932, respectively. 6 The words " subject to the control of the G. G, in C." omitted by Act 38 of 1920, s. 2 and Sch. I. --------------------------------------------------------------------- 9

What rules under sections 19 and 20 may provide for. 21.What rules under sections 19 and 20 may provide for. The rules to be made for any local area under section nineteen or 1*twenty may, among other matters, provide for- (a) the division of such local area into circles for the performance of vaccination; (b) the appointment of a place in each vaccination-circle as a public vaccine-station, and the posting of some distin- guishing mark in a conspicuous place near such station; (c) the qualifications to be required of public vaccinators and Superintendents of vaccination ; (d) the authority with which their appointment, suspension and dismissal shall rest ; (e) the time of attendance of public vaccinators at the vaccine-stations, and their residence within the limits of the vaccination-circles ; (f) the distinguishing mark or badge to be worn by them; (g) the amount of fee chargeable by private vaccinators, and their guidance generally in the performance of their duties ; (h) the facilities to be afforded to people for procuring the vaccination of their children at their own houses ; (i) the grant and form of certificates of successful vaccination, of unfitness for vaccination or of insusceptibility of vaccination ; (j) the nature of the lymph to be used and the supply of a sufficient quantity of such lymph ; (k) the fee to be paid for vaccination with animal-lymph under section fifteen ; (l) the fee to be paid to a public vaccinator for vaccinating a child beyond the vaccination-circle at the request of the parent or guardian of the said child ; (m) the preparation and keeping of registers showing- the names of children born in such local area on or after the date of the application of this Act ; the names of unprotected children born in such local area previous to the application of this Act, and who are, at the time this Act is applied, under the age of fourteen years if boys, and of eight years if girls ; --------------------------------------------------------------------- 1 The word and letter " nineteen A " have been ins. at this place in the U. P. and the words and letters "nineteen A, nineteen B " have been ins. in the C. P., by U. P. Act 2 of 1907 and C. P. Acts 3 of 1915 and 6 of 1932, respectively. --------------------------------------------------------------------- 10 the names of unprotected boys and girls respectively under those ages brought within such local area at any time after the application of this Act and who have resided there for a month ; the result of each vaccination or its postponement, and the delivery of certificates, if any ; 1*(n) the assistance to be given by the Municipal Commissioners and municipal servants in the preparation of these registers, and in other matters ; and (o) the preparation of vaccination-reports and returns.

Punishment of offences. 22.Punishment of offences. Whoever commits any of the undermentioned offences (that is to say): - (a) violates the provisions of section six, (b) neglects without just excuse to obey an order made under section eighteen, (c) breaks any of the rules made under section nineteen 2* or twenty, or (d) neglects without just cause to obey an order made under section eighteen after having been previously convicted of so neglecting to obey a similar order made in respect of the same child, shall be punished as follows (that is to say):- in the case of the offence mentioned in clause (a), with simple imprisonment for a term which may extend to three months, or with fine which may extend to two hundred rupees, or with both ; in the case of the offences mentioned in clauses (b) and (c), with fine which may extend to fifty rupees; and in the case of the offence mentioned in clause (d), 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. --------------------------------------------------------------------- 1 This cl. has been amended in the C. P. by C. P. Act 6 of 1932, so as to include members of District Boards/Councils and the servants of those local bodies. 2 The word and letter "nineteen A" have been ins. at this place in the U. P. and the words and letters "nineteen A, nineteen B" have been ins. in the C. P. by U. P. Act 2 of 1907 and C. P. Acts 3 of 1915 and 6 of 1932, respectively. --------------------------------------------------------------------- 11

Municipal funds to receive fees and meet expenditure. 23.Municipal funds to receive fees and meet expenditure. The amount of all fees 1* *** realized, and the amount of all expenditure incurred, under this Act in any municipality shall respectively be credited to and paid from the Municipal Fund.2* --------------------------------------------------------------------- 1 The words " and fines " omitted by the A.O. 1937. 2 This section has been amended in the U. P., the Punjab and the C. P. by U. P. Act 2 of 1907, Punjab Acts 9 of 1925 and 2 of 1929, and C. P. Act 6 of 1932, respectively so as to include other local areas and funds. ---------------------------------------------------------------------