Punjab Vaccination Act, 1953

(1) This Act may be called the Punjab Vaccination Act, 1953. (2) It shall extend to the whole of the Union Territory of Chandigarh.

In this Act, unless the context otherwise requires,— (1) “child” means a person who has not attained the age of thirteen years; (2) “Government” means the Central Government; (3) “guardian” means any person to whom the care, nurture or custody of any child falls; (4) “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 Cantonment; (6) “prescribed” means prescribed by rules made under this Act; (7) “primary vaccination” is the first successful vaccination after birth; (8) “re-vaccination” is any subsequent vaccination after primary vaccination; (9) “unprotected child” means a child who has not had smallpox and has not been vaccinated, 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 to be absorbed without any interference or exposure to sun for at least fifteen minutes following the operation; (11) “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; (12) “vaccination circle” means a local area or one of the parts into which a 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 Government to perform the same operation and includes a Superintendent of Vaccination and Inspector of Vaccination and Sanitation.

Inoculation shall be prohibited throughout the State, and no person who has undergone inoculation shall enter the State before the lapse of forty days from the date of the operation, without a certificate from a medical 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.

A local area may in the prescribed manner be divided into a number of vaccination circles.

(1) One or more vaccinators shall be appointed with the prescribed qualifications for each vaccination circle and one or more Superintendents of Vaccination shall be appointed with the prescribed qualifications for each local area. (2) Each of the officers referred to in sub-section (1) shall be known as a “public vaccinator”.

The Government may, by written licence subject to such conditions as prescribed authorise private vaccinators to perform vaccination in any vaccination circle, and may suspend or cancel any such licence.

(1) The guardian of every unprotected child who has not been vaccinated shall procure its primary vaccination before the child attains the age of six months, and the re-vaccination of such child on its attaining the age of six years and between the last re-vaccination and his attaining the age of thirteen years shall not, in any case, be more than five years. (2) If the guardian of any child changes the place of residence, notify the same to the Medical Officer of Health, or any other person authorised by him in this behalf, of the place from which the residence was changed furnishing full particulars as to the new residence of the child. (3) If a vaccinator finds that an unprotected child is not in a fit state of health to be vaccinated or re-vaccinated, he shall deliver to the guardian a certificate under his hand that such child is not then in a fit state for vaccination or re-vaccination as the case may be. Such certificate shall remain in force for the period specified therein. The reason for the unfitness shall be specified in the certificate. (4) Provided that if the child is still found to be in a state of health unfit for vaccination or re-vaccination, the certificate granted shall be renewed. (5) If a vaccinator finds that an unprotected child is in a state of health fit for vaccination, he shall vaccinate or re-vaccinate such child and maintain and deliver to its guardian a memorandum stating the date on which the vaccination or re-vaccination was performed, specifying the date, time and place at which the child should be present or be produced as the case may be, for inspection. (6) The Medical Officer of Health may at any time cancel any certificate given under this section if he is satisfied 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.

The guardian of every child who has been vaccinated or re-vaccinated shall, on the date, time and place 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.

When it is ascertained at the time of inspecting a child that the vaccination or re-vaccination has been 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.

When it is ascertained that the vaccination or re-vaccination has been unsuccessful, the child shall be caused by the guardian to be vaccinated again, if so desired by the vaccinator and subsequently inspected as aforesaid: Provided that where the vaccination or re-vaccination has been unsuccessful on three consecutive occasions, the child shall be considered to have natural immunity from smallpox and shall be exempted from vaccination thereafter.

Only such vaccine lymph as prescribed by the Director of Health Services, Union Territory, Chandigarh, shall be used for vaccination.

(1) No fee shall be charged by a public vaccinator at a vaccination station. Provided that it shall be lawful for a public vaccinator to accept the fee prescribed by Government for vaccination or re-vaccination performed at the request of the guardian elsewhere than at the vaccination station. (2) Private vaccinators may charge the fees prescribed by the Government for vaccination or re-vaccination.

The Superintendent of Vaccination shall see that the duties imposed on him by or under this Act are discharged and may report to the Executive Magistrate authorised by him, the failure of any guardian to comply with the provisions of this Act.

If the Superintendent of Vaccination finds that the notice issued by him has not been obeyed by any guardian, he may report the matter to an Executive Magistrate or any other person authorised by him in this behalf, and the Magistrate receiving such report shall at once summon the guardian of the child and demand an explanation and if the explanation is not satisfactory, he shall pass an order in writing directing the guardian of the child to comply with the notice and produce a certificate of vaccination before the date specified 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.

(1) The Government may make rules for giving effect to the provisions of this Act. (2) In particular and without prejudice to the generality of the foregoing power such rules may provide for— (a) 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; (c) the qualifications to be required for vaccinators and Superintendents of Vaccination; (d) the authority competent to regulate the appointment, suspension and dismissal of public vaccinators 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 guidance of vaccinators generally in the performance of their duties; (h) the facilities to be afforded to persons for procuring the vaccination of their children at their own houses; (i) the grant and form of certificate, of vaccination and of unfitness for vaccination; (j) the nature of the vaccine lymph to be used and the supply of sufficient quantity of such lymph; (k) the fee to be paid to a public vaccinator for vaccinating a person at a place other than a vaccination station or if such person is vaccinated at the request of his guardian or the fee to be paid to a private vaccinator under section 12; (l) the preparation and keeping of registers.

Any person who— (a) does not comply with the provisions of sub-section (3) of section 7; (b) neglects, without just cause, to obey an order made under section 14; (c) commits a breach of the rules made under section 15; or (d) neglects, without just cause, to obey an order made under section 14 after having been previously 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 (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; (ii) in the case of the offences mentioned in clauses (b), (c) and (d), with fine which may extend to fifty rupees; and (iii) 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.

The amount of all fees realised, and the amount of all expenditure incurred, under this Act in any local area, shall respectively be credited to and paid from the funds of the local authority concerned.

The Vaccination Act, 1880, in its application to the State of Punjab, is hereby repealed.