ORrssA AcT I 3 OF 1960 '[THE ORISSA VACCINATION ACT, 1960] [Received the assent of the Go'Pernor on the 19th June 1960,jirst published in an extraordinary issue of the Orissa Gazette, dated the 28th June 1960) AN ACT TO PROVIDE FOR - COMPULSORY VACCINATION F9R SECURING ERADICATION AND PREVJ;:NTION OF SMALLPOX IN THE STATE OF ORISSA BE it enacted by the Legislature of the State of Orissa in the Eleventh Year of the Republic of India as follows :- PRELIMINARY
1. (1) This Act may be called the Orissa Vacci- Short titlde, • - extent an nation Act, 1960. coDl.Illeoco-
(2) It shall e~tend to the whole of the State of Orissa. ·
(3) Thls section shall come into force at once.
The remaining provisions of this Act, in whole or in part, shall come into force2 on such date and in such local areas as the Government may, from time to time, by notification specify.
ment.
2. On and from the date this Act comes into Repeal forte in the State, the enactments specified . in Schedule I so far as they are in force in the State of Orissa shaH be repealed to the extent mentioned in the third column of the s?id Schedule.
3. In this Act, uruess the context otherwise Detinitio111 requires,-
(a) 'Form' means a Form given'in Schedule II ;
(b) 'Government'· means:- the .Government of - the State of Orissa ;
(c) 'guardian' means any. person to whom the care, nurture or custody of any t;:hild ·rans by .law, or by natural right or rec.:og- - nised usage, or who has -accepted or as sumed care, nurture or custody of any child, or to whom the care or custody of any child has been entrusted by any authority lawfully authorised in that behalf;
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1. For Statement of Objects aad Reasons see Orlssa Gazette, Extraordinary, dalfd the 14th December 1959 (No. 666) and for Report of' Select Committee see ibid, dated the 22nd February 19(,()(No, 232).
2. Came into force, w. e. f. 2-9-1960-Vide Notllicatioa No. llJ'21-H, dated 31-8-1960 published in Orissa Gaz~tte, dated '.9--9-1960, Pt. Ill, P. 63S.
( 24 law-14) 198 Duty or parent or auardlan fol' Jlrim;arY.
vaccmatton crevcif child.
THE OrussA VACCINATION Acr, 1960 (Sec. 4) [Or. Att 13
(d) 'Inspector' means a person authorised by the Superintendent of Vaccination to exercise all or any of the functions of an Inspector under this Act ;
(e) 'parent' means the father and mother of a child and includes foster and step-parents ;
(f) 'public vaccinator' means a vaccinator appointed by the Government ; · .
(g) 'prescribed' means prescribed by rules made under this Act ; ·
(h) 'registered medical practitioner' means a medical practitioner registered under the Oris$a. Medical Regulation, 1936. oris.sa Regulation • • • 2of1936,
(i) 'Supermtendent of :Vaccmation' means a lerson appointed as such- under section 8 ;
(j)· 'unprotected child' means a child up to the age of seventeen years, who has not been protected against smallpox, by having had that disease naturally or by having been successfully vaccinated and who has.not been certified under the provisions of. this Act to be i~usceptible to vaccl ..
nation ;
(/c) ·'unprotected perso.n' means a person above the age of seventeen years who has not been protected -against smallpox, by having had that disease n.aturally or by having been successfully vaccinated and who has not· been certified under the provisions of this Act to be insusceptible to vaccination. .
COMPULSQRY PRIMARY VACCINATION
4. (1) The p~ent or guardian of- I·
(a) every child born in any ar~ where this Act remains in operation within six months of its birth ; and · -Tim OrussA VACCINATION Act; 1960 (Sec. 5)
(b) every other unprotecteq child_.
(i) living in such area within six months of the date of commencement of th.is Act ;
or
(ii) brought to live in su.ch area, either tempo rarily or penDa.nently, within one month after -the child is so brought or before the child attains the age ·of six _months, whichever is later, shall take it or cause it to br. taken, to a public vaccination centre situated in the village or town, as the case may be, wherein he resides to be vaccinated or shall within such period as aforesaid cause it to be vaceinated by a registered medical practitioner or.a public vaccinator. . . · .
(2) Any puplic vaccinator to · whom any such child is brought for vaccination at a public vaccination centre or who is requested fo vaccinate such child elsewhere than at such centre shall with all reason ..
. able despatch, and ~u bject to the conditions· herein ..
after mentioned, vaccmate· such child and shall · serve a notice in .Form-A on its parent or guardiap..
(3) If any such dhild is not vaccinated within the period specified. above the Superintendent of Vaccination shall serve a notice in Form B on the parent or guardian r~uiring him within fifteen days from the date of service of the notice, to take such child, or cause such child to be taken to a public vaccination centre to ·be vaccinated, or to be vacci ..
nated by a registered medical practitioner or a public vaccinator in the house of the parent or guardian within the area on payment of such fees as may be prescribed. · 199
5. If the public vaccinator or the registered Poa~oM- -medical practitioner, as the case may be, finds any ~~do11t child unfit for vaccination, he shall grant a certificate in For.qi C to that effect to its parent or guardian and such certificate -shall remain in force for one month. If after the said period the child is still found to be unfit for vaccination, the certificate may be .renewed by the said authority"for such further period, as may be recommenqed by the Superintendent of Vaccination. · ! - 200 1'im 0RISSA V ACCINAtIOW Acft., 1960 (Secs. 6-8) [Or. Act 1~ 1::~ti¥n or 6. ( 1) The parent or guardian of every child, ~i.ne~ion. who has been vaccinated as provided in section 4;
shall produce the child at a public vaccination centre· or cause it to be so produced for inspection of the result of vaccination m accordance with the notice served under sub-section (2) of the said section or get the child inspected at hls own house by an Ins pector on payment of s~ch fees as may be prescribed.
(2) If on ispection of any vaccinated child the Inspector is satisfied that the vaccination has been successfol he shall give -a certificate of successfu1 vaccination ·1n Form D and such child shall thereafter· _ be deemed to be protected.
· -(3) When, as a result of inspection under sub section (/) it is ascertained that-the· vaccination has been unsuccessful, the parent or guardian shall cause the child to be again vaccinated forthwith or within such period as inay be fixed by the inspecting author ity.
(4) The ·provisions of sub-sections (1) and (3) shall apply to ·a child until it is deemed to be pro tected under sub-section (2).
~upcri;ten.· 7. The Superintendent of Vaccination or any v~Yoation person duly authorised .by hl.m may at any time may.inspect inspect the vaccination of any child whether per ~~n formed "by a public vaccinator or a registered- medical practitioner and may, -subject to the provisions of section 6; direct that such child be forthwi$, revacci nated.
gr!lilcate 8. (I) If the Superintendent of Vaccination is tibillfy~~ satisfied that a childvaoci.nation.
.(a) has already had smallpox ; or
(b) has been three times unsuccessfully vacci nated ;
he shall, in either~ case grant to the parent or guardian of ·such child ·a certificate in- Form E.
I! .
Such,.. certificate shall .operate as an exemption from vaccination-
(i) in case of clause (a) absolutely ; and t0f 1960 J THE 0RISSA v ACClNA TlON ACT. 1960 (Secs. 9-l2J
(ii) in case of clause (b) for a period of twelve months from the date of the last unsuccessful vaccination.
(2) If after twelve months the child is again found to be insusceptible to vaccination on three successive operations as provided in sections 4 and 6, a certi ficate to that effect in Form E shall be given to the parent or guardian of the child, and the child shall not be required to be- vaccinated again.
201
9. {J) Every unprotected person shall whenever the Superintendent of Vaccination shall deem it ~~~~1~~ advisable, be served with a notice by him in Form vaccin:ted.
F, requiring him, within fifteen days after the service of the same, to present himself before a public vaccinator or registered. medical practitioner to be vaccinated.
(2) The provisions of sections 4 to 8 shall mutatis mutandis apply in the case of an unprotected person.
CoMPULSORY REVACCINATION . 10. Within three months of the completia:n of a Comp~lsory penod of five years from the date of successful pri- :~wa~~na· mary vaccination in accordance with sections 4 to fi~: yea% 9 every such child or person as the case may be ra~d,a~lsof shall be taken to or shall present himself before a fiv~ ;ears .
..PUhlic vaccinatcr or registered medical practitioner at a :public vaccination centre for the purpose of revacc1nation in the prescribed manner.
Thereafter every such child or person shall, at an interval of evezy five years, be caused to be or get himself revaccinated in the same manner as specified above.
11. Notwithstanding anything contained in vaccination :sections 4 to 10, the Superintendent of Vaccination ~r tb~b e~t may, in the event of an outbreak of smallpox:, direct ots:S.11~.
any child or person to be vaccinated forthwith.
12. Every owner or occupier of a house, premises. Inspection boat, vessel or public vehicle shall allow the Superin- dand .
V . . - bli · · d l ctoction of tendent of accmation or a pu c vaccmator u y unprotected authorised by the Superintendent of Vaccination in child or this · behalf to have access thereto for the purpose of person.
ascertaining whether the inmates are protected or revaccinated :
202 Prohibition of inocula~ iion with \'Uio!OWI matter:
Pa111lty THE ORJSSA VACCINATION ACT, 1960 (Secs. 13-14') [Or. Act 1J
Provided that whenever it is necessary to ascer~ tain whether a woJil~n is or is not protected or revaccinated the investigation shall be conducted in the presence of a female :
Provided further that no such inspection shall be made without giving a reasonable notice to such owner or occupier.
13. (J) Inoculation, that is to -say~ any operation performed with the object of producing the disease of smallpox in any person by means of variolous matter, either maliciously or for the purpose . or immunisation, shall be prohibited.
(2) Any person~· who has undergone such in oculation undex: circumstances beyond his control, shall remain in isolation for a period of not less than forty days "from the date of the operation or· until such time as has been. certified by a registered medical practitioner that he is no longer likely to infect any other person with smallpox by contact or· near approach.
14. Whoever without sufficient cause-
(a) fails to cause a child to be vaccinated or inspected in accordance with the provi sions of section 4, 6- or 7 ; or
(b) fails to cause himself to be vaccinated in accordance with section 9 ; or
(c) fails to cause himself or a child to be· vacci nated or revaccinated, as the case may· be, under the provisions of section 10 or 11 ; or
(d) voluntarily obstructs any authority in the· discharge of the duties assigned to him under any of the provisions of this Act, shall, on'-' conviction, be punished with fine whlch may exteri.d to fifty rupees and if the offence is a continuing one with a :fine of ten ru.Pees for every· day ·during which the offence continues :
CJ 1960 J THE 0RISSA VACCINATION AcT1 1960 (Secs. 15-18)
Provided that the aggregate amount of fine !or a continwng offence shall not exceed five hundred rupees :
Provided further that no prosecution under this section shall be instituted after the expiry of twelve months from the date on which the offence has been committed.
203
15. Whoever ..yilfully signs or makes, or procures PeIJ.?-Ity tor the signing or ?-laking of, a false certificate p~rporting ~!f: t~ to have been issued under any of the prov1s1ons of oertificatea:.
this Act; shall be punished with Jmpdson.ment of either description for a term which may extend to six months, or with fine which may extend to one hundred rupees, or with both.
16. Whoever voluntarily obstructs any public Pcnaley for vaccinator or Inspector in the discharg¢ of the duties obsbtr:_ucting assigned to him as such under the provisions of this ~~tor or Act shall be punished for each such offence with fine ~itector which may extend to fifty rupees. ~f!gcor his duties.
l7a All offences under this Act shall be cogni~ Prosecution• · zable by a Magistrate, subject to the provisions of to~ any law for the time being in force for the trial ofb~~~~ted offences, but no complaint of any such offence shall superlnica· .be entertained unless the prosecution be instituted i:~~tlon by order of, or under authority from) the Superin- · tendent of Vaccination.
MisCELLANEOUS
18. (J) The Government may appoint such Ap~tnumber of ~rsons as they deem fit having the pres;. s-1' {1f cribed qualt:ficatioo to act as Superintendeµts and d~:,r ,:: Assistant Superintendents of Vaccination who shall F'!lnt be under the administrative control of the Director·d~=.tnte.n of Health Services and shall have jurisdiction over such areas as may be specified in the notification· of appointment.
(2) The Assistant Superintendent ~hall exercise -such powers and perform such funct10ns of the Superinte~d~nt of Vaccination as i:iay be d .. elegated by him with the approval of the Director OI Health Services.
204 Dltoctor of H&alth Services to make adequato arrango moo.tt:.
THE 0RJSSA VACCINATION Acr, 1960 (Secs. 19-23) [ or .. Act 13
19. The Director of Health Services shall have power to make adequate arrangements to the satis faction of the Government for vaccination and re vaccination of all persons within the State and shall-
(a) establish vaccination centres in adequate number and' at suitable places ;
(b) employ sufficient number of vaceinators ' and other staff for work in the vaccination centres and for itinerary services.· Notlfication 20. The location of the public vaccination centres or d•~tions or and the days and hours of the public vacciri.ator's :enJ>a'::.. attendance at each station, shall be published from Free vacci nation at vaccination centres.
Uao or vaocino lymph for protection and Unm,u nity against amallpox.
Power to make rulct.
time to time in such manner as may be prescribed.
21. Vaccination at vaccination centres shall ha -free of charge and for vac.cination at any place other than a vaccination centre, fees may be levied at such rates as may be prescribed.
22. Yaccinations shall be petformed with vaccine lymph used for development of protective· immunity agamst smallpox in the person so vaccinated.
23. (/) The Government may make rules .to carry out · all or any of the purposes of this Act.
(2) In particular and without prejudice to the generality of the foregoing power, the Goverm:rient may make rules . for any of the following matters~ namely :- ·
(a) fees to be paid. under section 4 (3) fot • -getting a child vaccinated ; .
(b) fees to be paid under sectjon 6 (1) fo:r getting a child inspected ;
(c) manner of revaccination- under section 10 ;
(d) qualification required for· appointment as Superintendent or Assistant Superin tendent of Vaccination under section 18 (1) ;.
(e) manner of publication of the particulars required to be published under section 20;
(~ rates of fees to be levied for .vaC<?~nation at .- a place other than a vaccmation - centra under section 2 l ;
flf 1960 J THB OamiA. VACCINATION ACT; 1960 tsec.24) (K) atablislunent and working of vaccination centres ;
(h) duties, qual.fflcation and appointment of public vaccinators ;
VJ manner and procedure for vaccination and inspection- of results ;
(j) gratuitous vaccination of such fem ales as aro by custom of the .country unable to attend at the public vaccination station~ and are too poor to pay fe~ ;
(k) duties of the Superintendent of Vacci nation :
(l) manner of service of notices under this Act ;
(m) manner of issue of certificates for postpone ment of vaccination, successful primary -vaccination. insusceptibility to vacci J;L&tion and for revaccination ;
(n) maintenance. of re.gisters for different pur poses including registers for unprotected children and persons ;
(o) procedure for vaccination of unprotected children and persons removed to another locality ;
(p) manufacture. storage, issue and sale of vaccine IYm.ph ;
(q) any other matter which is required to be or may be prescribed.
(3) All rules made under this section shall be laid before the Legisiative Assembly as s.oon as pos aiblc after they are made for a total period of fourteen days which m~y_ J:l~ .wmpri~~9 .ii\ .one nr . .'Q1Qr€f ~&sions ind shall be subject to such modifications as the A&Semoly may· make during the said period.
205
24. If any doubt or difficulty arises· in ghring Pow.rto rq.
effect to the provisions of this Act, the Government~ difncul.
may,. as occasion may require, by order, do anything tie..
whjch appears to them necessary for the purposes of removing the ooubt or difficulty.
206 THE 0RISSA VACCINATION ACT, 1960
SCHEDULE I ENACTMENTS RRPEALED (See section 2) Name and Year Short titlo L Bengal Act 5 o( 1880 The Beogal VaccinationAct.188u
2. Act 13 of 1880 Tno Vaccination Act, 1880
3. Bengal Act 2 of 1911 •. The Bonga I Vaccination (Am.ond mont) Act, 1911.
[Or. Ail:t 13 Extent or Repeal Who la Whole Whole
4. Madras Act 14 of 1920 The Madras Local Boards Act, Section& 137, 139 end 1920·. 200.
SCHEDULE II FORM A l See section 4 (2) ) Pleaso tatc notlco that tho male/female child of •.•• - __ - _ .......... ~·~ho bas been vaccinated on •...•.• , ....•••.•. - ... is required to bti produced for it11poctloo or the result of vacclnation at ......... , .. -·-· vaccination contro on ............. .
between tho hours 7 A. M. to 11 4. M.
Dated the .......•.•.....•.. day of •. -·-·-· -- ... __ IP Slgna1r~ ·of Yaccfnattw Folt.M D [ See soction 4 (3) l To -· _ ....•.. ______ ..... ______ .. _ - - - - (namo of parent or guardian).
Please take notii;:o that you aro hereby required under tho provisions of the Orissa Vaccination Act, 19 .; •. , ........ to take or cause: ............. -...... ( name of tho child), th.e child of~ ..................... (name of tho father) to be takoo to a: public vaccination centre fgr __ vaccination .or to ·cause it to be vaccinated by some registe'rod medical' practitioner mthin fifleen days from the date of servioo of this notfc.e and that in default of doing so you will be liable to a fi.!!.e of fifty n1~~· ·· .
of 1960) TUB Oii.ISSA. VA.CCIMA.TION ACT, 1960 (SCBEDULI!)
'207 Thi public vao;:fo.ation · ata.tion ncarei;t. your houso is at·- ·- ............... h• ·- Tho days aud houri for vaccination at that centre are- .................... ·- On th.Cl so.id ...... , ........... (insert the name of the child). being brought before the public vaccinator at the said station within the said hour~ on the said date or at any other public vaccinatoion station in the town on the day& and within the hours ptescribod ror public vatcination at such centre the said ....•. _ .......... (name of the child) will be vacd~ted free· of- chargo.
If you wish tho said .......... -: .... ~ ..... (name of tho child) to oo va ccinaied al your o~n housci the public vaccinator will attend these upon pa;rilent ofa fofot.' .. ' ... _- ................ 1' .......... _ ... ·-· ............... ...
of 19 Superlntmdent of VaccinaJloll FORM c . <&c 11ection S) I ' J, tho undenigned licircby ·cci tify · that tho· male/female cl1.ila a·r. ·. ·. · .. · ......•.. ·- aged a.bout ..... - .•... ·- ... years.-........... mond15 is not now in• a fit and propew state to bo vaccinated. Therefore, tho vaccination is poltponed: '"' - tho pmod or ........ ·- - - ._days from this date. .
- - - •..• ·- .•.. dl.y -or 19 FoiJID [Set' SC1ction .6 (2)] I, tho undersigned. heireby certify that ........... -........................ the mal,jfewafr clilld of .. -· .............................. age ....... _ .. rosident at _ __ ...... -· - - -· ... ·.:.·....:.·.·.·.-.·.-.bas· ·been· auceossfuUy vaccinated by .Dl'CI.
Dated tno ... - - - ·- ·-._..:.day of •• - - ___ -·- _ _.19 Slgnaturt' of J'accflrator 108 THB 0RISSA VACCINATIO~ ACT, 1960 l Or A .. ;··· !j of l!it(..) ,r (SCHEDULE) FoRM E ( See soction 8 ) I. tho uad crsignod hero by certify that ................ _ .•.. malo/fo:_:'.'P \:i <:::_'. ,•:: n( ......................... resident at . . . . . . . . . . . . . . . . bu already !1?-_ fi;::.•·.:•:-:.;t;.:;
o: I havo thl'08 times vaccinated .............................. maie/fvr"·.li1 ·~"'' .. ~r ,., ....... 4 •• t ............................. ~ ~.resident at . .............................. a.'uc:l ). ,('~ ~ - .t;I opinion that tho said child is insusccptiblo to vaccination for a ptriod o'ftwelvo moufu::;, To lilodorsomont by Suporintondont of vaccination FoR.M F ( :,a soction 9 ) Signature of Yacclnalar/Reglltered Medkal Bractft~r • '" ....... - .. • • • .. r-• ........ • t ..... ,. ... • .... - • " ....................... _ ....... ....
Please take no ti co thac you aro hero by rcqwrod under tho' provisiona of tho Ort.a Vaccination Act, 1960 to submit yoursotf to a public vaccinator or registered :amical pmcjl.
ti on.or within fifteen days from the service of this notice for vaccination. and that ln dcfaulal ot so doing, you will be liablo to a fino which may amount to fifty ru.poos.
TM public vacclnation centre nearest your houso is at __ - _ - - - - __ _ Tho days and 'hours for vaccination at -th!I station arc as follows:- (Here insert tho days and hours whoa tho public vaccinator is in· ath!ndaM$) On your attending before a public vaccinator at tho said station VriUtln tho said hour on any of the said days. or at.any other public vaccination centre in tho town on tho days aDd within the hours prescribed for public vaccination at such ccntro; you will be noci11atod free of charge.
If you wish to be vaccinated at your own house, the public vacdnator will attOD,d· ther" upon payment of a feo of .. - - - - _ _ _ _ _ _ ___ · Dated the ':. .. . ~ - ....... of.. __ .. 19 Superintendent of Vaccfnallo11