O ~ r s s ~ ACT 13 OF 1960
THE ORISSA VACCZNATiON ACT, 1%0 Pkmmtn
SmoHS
PRELIMINARY
I . Short title, extant and wmmuncoment
COMPULSORY PRIMARY VACCXNATION
4. Duty of parent or guardian for primary vaccination of every child
5. Postponement of vaccination
6. Inspection of result of vaccination
7. Superintendent of Vaccination may inspect vaccination of child
8. Certi6cate for insusceptibility to vaccination
COMPULSORY REVACCINATION
10, Compulsory revamination a h five .years and at iatqwIs of fie y m
11. Vaccination in tho avent of outbreak of 'smallpox
12. Inspection and detection of unprdectd child or person
13. Prohibition of inoculation with vaciorous matter
15. Penalty for making or signing false certifimtes
16. Penalty for obstructing public vaccinator or Inspector -& thq &schirga of hi8 dutia.
17. Prosecutions to be institukd by the Superintendent of Vaccination I ;
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MISCELLANEOUS
S s m ~
18. Appointmaat of Snperintendents sad Assistant Superintendent8
19. Dkctor of H d t h Servicas to make adequate airrangements
20. Nomattion of stations and how of attendance
21. Fiw vaccinstion at vaccination centres Q2. Uso of vaocine lymph for protection and immunity a e s t . smallpox .
t3, P m to make rules a. POW to remove mcutis
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SCHEDULE f
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SCHEDULE XE
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'FHE ORISSA VACCINATION ACT, 19601 [Received the assent of the Governor on the 19th June
1960, first inan extra ordinary issue of the Orissa Gazette, dated the 28th June 1960)
AN ACT TO P R O W E FOR- COMPWORY V A C ~ A T I O N FOR SECURING ERADICATION A m P R E W O N
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 folIows :-
1. ( I ) This A d may be called the Orissa Vacci- zgt 22 nation Act, 1960. C O ~ ~ C -
mtnl .
(2) It shall extend to the whole of the State of Orissa.
(3) This section shall come into force at once. The remsning provisions of this Act, in whole or in art, shall come into force2 on such date and in suc % local areas as the Government may, from time to time, by notification specify.
2. On and from the date this Act comes intornteptal , fork in the State, the enactments specified in Schedule
1 so far as they are in force in the State of Orissa
shall be repealed to the extent mentioned in the third
column of the said Schedule.
3. In this Act, unless the eontext othenvi sewt i~~ requires,-
(a) 'Form' means a Form given'in Schedule II ;
(b) 'Government' , means :- the Goveramert of the State of Orissa ;
(c) 'guardian' means any. person to whom the care, nurture or custody of any child
'falls by .law, or by natural right or recog-
n i s e d usage, or who has.accepted or as- sumed care, nurture or ~ s t o d y of any child, or to whom the care or custody
of any child has been entrusted by any authority lawfully authorised ia that behalf; --
1. For Statement of Objects and Reasons fee OrLrsa Gazette, Extraordinary, dated the 14th D-bcr 1959 (No. 666) and for Report oP Selcct Cormnittee see ibfd, datd the 22nd Fcbruary I960(N0. 232).
2. Came into force, w. e. f- 2-9-19-Vide Notification No. ImI-H, dated 31-8-1960 p u b b m ia Orirsa Gazette, dated 1.9-9-1960, Pt. III, P. 635.
1 24 Law- 14 1
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1 98 Tm OR~SSA VACCINATION ACT, lM0 [ Or. Act 23
(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 ; Cf) 'public vaccinator' means a vaccinator
appointed by the Govetnmeat ;
(g) 'prescribed' means ~escribed by rules
ma& under this Act ;
(h) 'registered medical practitioner' means
a medical practitioner registered under the Orissa- Medical ~eguhtion, 1936. orb RemIatiom
2 of 1936.
( i ) 'Superintendent of Vaccination' means a erson appointed as such under section 7. . G)' 'unprotected child' means a child up to the age of seventeen years, who has not been protected against shallpox, by having had that disease naturally or by baving
been successfully vaccinated and who hashnot been certihd under the provisions of. this Act to be i~usceptible to va&
. nation ;
(k) .'unprotected persan' means a person above the age of seventeen years who has not been protected -against smallpox, by having had that disease naturally or by having been successfuU y vaccinated and who has not. been certified under the
provisions of this Act to be insusceptible to vaccination.
DUQ of 4. (1) he pwent or guardian of-
pamt or
* ' guardian for primaty (a) =very child born in any a r e where this vacchqtion Act remains in operation within six months
?&y of its birth ; and
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(b) every other unprotected child- ( i ) living in such area within sik months of the date of commencement of this Act ;
or ( i i ) brought to live in such area, either tempo- rarily or permanently, 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 Tile taken, to a public vaccination centre
situztcd in the village or towa, as the case may be, wherein he resides to be vaccinated or shall within such period as aforesaid cause it to be vacCinated b a registered medical practitioner or. a pu lic vaccinator.
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(2) Any public vaccinator to * whom any such chdd is brought for vaccination at a- public Yaccinrition centre or who is re uested to vaccinate such chiId
eIsewhere than at suc % centre shall with aU reason-
. able despatch, and qubject to the conditions' herein- after mentioned, vaccmate, such child b d shall . serve
a notice in ,Form .A on its parent or guardian.
(3) If any such dhild is not vaccinated within the period s ecified . above the Superintendent of Vaccination ?h dl serve a notice in Form B on the parent or guardian rquiring him within Hteen days fromthe date of service of the notice, to take such child, or cause such cud to he hken to a public vaccination centre to .be vawinated, 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.
5, If the public vaccinator or the registered Poa 0-
. medical practitioner, as the case may be, fmds any m~ 'P or V U d M d 0 4 child u d t for vaccination, he shall grant a certiiicate in Forq C to that effect to its parent or guardian
and such cert%cate - shall remain in force for om month, If after the said period the child is still found to be d t for vaccination, the certificate may be .renewed 6y the said authority'for such further period, as may be recommended by the Superintendent of Vaccination,
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200 Tim ~ S S A VACCINATION ACT, 1960 [ Or. Act 13 Inspection of
~ c s u l t of 6. ( I ) The parent or guardian of every child,
vaccination. who has been vaccinated as provided in section 4) shall produce the cidd at a public vaccination centre.
or cause it to be so produced for inspection of the
result of vaccination in accordance with the notice
served under sub-section (2) of the said section or
get the child inspected at his own house by an Ins- pector on payment of such fees as may be prescribed.
(2) If on ispection of any vaccinated child the Inspector is satisfied that the vaccination has been
successful he shall give -a certificate of successful vaccination ,in Form D and such child shall thereafter.
be deemed to be protected.
' - (3) When, as a result of inspection under sub- section ( I ) 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 pe'riod as may be k e d by the inspecting author- ity.
(4) The 'provisions of sub-sections (1) and (3) shall apply to a cud until it is deemed to be pro- tected under sub-section (2).
Supwintea- dent of Vmination
7. The Superintendent of Vaccination or any person duly authorised -by ~ may at any time
inspect the vaccination of any child whether formed'by a public vaccinator or a registered - me $" 'cal practitioner and may, - subject to the provisions of s d o n 6; direct that such child be forthwith revad- nated.
CtIttecata 8. (1) If the Superintendent of Vaccination is %&"ST satisfed that a child-
V K c C i m w
-(a) has already had smallpox ; or
(b) has been three times unsuccessfully vacci-
nated ;
he shd, in either_case grant to the parent or guardian of ,such child -a ceficate hi Form E.
' I such' certificate shall .operate as an exemption fkom vaccination-
(1) in case of clause (a) absoluteJy ; and
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(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.
9. (1) Every unprotected person shall whenever
Unprotected the Superintendent of Vaccination shall deem it ,r+ns t. ba advisable, be served with a notice by him in Form vaccmtmi. F, requiring him, within fifteen days after the service of the same, to present himself before a public vacci- nator or registere& medical practitioner to be vacci- nated.
(2) The provisions of sections 4 to 8 shall mutatis murandis apply in the case of an unprotected person,
10. Within three months of the completiqn of a C ~ ~ ~ U I S O ~ ~ pen'od of five years from the date of successful p i i - ~ ~ ~ ~ ~ .
mary vaccination in accordance with sections 4 to five years 9 every such child or. person as the case may be gtrti,, shall be taken to or shall present himself before a fivtyeats. public vaccinatsr or registered medical practitioner at a public vaccination centre for the purpose of revacc~nation in the prescribed manner.
Thereafter every such child or person shall, at an interval of every five years, be caused to be or get himself revaccinated in the same manner as speafied above.
11. Notwithstanding anything contained in vacchation sections 4 to 10, the Superintendent of Vaccination in tho event at outbrtnk
may, in the event of an outbreak of small ox, direct dsmaltpax. i any child or person to be vaccinated fort with.
12. Every owner or occupier of a house, premises, lmptcthn boat, vessel or public vehicle shall allow the Superin- ;;:K,dplion of
tendent of yawination or a public vaccinator duly u.,~ authorised bjr the Superintendent of Vaccination in g:;;
t h i s - behalf to have access thereto for the purpose of
ascertaining whether the inmates are protected or
revaccinated :
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202 TRE ONSSA VACCJNATION ACT, 1960 [ Or. Aot I3 Provided that whenever it is necessary to ascer- tain whether a woman is or is not protected or revaccinated the investigation shall be conducted
in the presence of a female :
Provided furtber that no such inspection shall be made without giving a reasonable notice to such
owner or occupier. Rotiibfin 13, (1 ) Inoculation, that is to say; any operation of h u l a - tion with performed with the object of producing the disease szF of smallpox in any person by means of variolous matter, either maliciously or for the purpose . of^
jmmunisati0n, shall be prohibited.
(2) Any fersoni who has undergone such in- oculation un ex: circumstances beyond his control, &all 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 Ionger likely to infect any other person with smallpox by contact or- near approach.
14. Whoever without sufEcient cause--
(a) faiIs 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
(6) voluntarily obstructs any authority in the.
discharge of the duties assigned to him.
under any of the provisions of this Act, shall, on1! conviction, be punished with h e which may exteid to fifty rupees and if the offence is a
~ntinuing one with a h e of ten rum for every- day ,during which the offence continues :
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Provided that the aggregate amount of fine
for a continiing offence shall not exceed five hundred rupees :
Provided further that no prosecutiop under this
section shall be instituted after the expiry of twelve months from the date on which the offence has been
committed.
15. Whoever wilfully signs or makes, or procures PcnaItyfor the signing or making of, a false certificate purporting signing making faha or to have been issued under any of the provisxons ofcrrtiiwt..
this Act, shall be punished with imprisonment of either description for a term which may exbnd to six months, or with h e which may extend to one
hundred rupees, or with both.
16. Whoever voluntarily o bstmcts any public podly for
vaccinator or Inspector in the discharge of the duties ;Fbgtlnn assigned to him as such under the provisions of this ,-&, ,
Act shall be punished for each such offence with fine gzbr
which may extend to H t y rupees. discharge or his duties.
17. All offences under this Act shall be cogni- 'zable by a Magistrate, subject to the provisions oftobo Instituted any law for the time being in force for the trial ofby offences, but no complaint of any such offence shall s u m t o n - be entertained unless the prosecution be instituted $kgtb, by order of, or under authority from, the Superin- tendent of Vmxination.
IS. ( I ) The Government may appoint such
number of persons as they deem fit having the pres- -t d Superhim- cribed qualification to act as Superintendents and dent, ,&
Assistant Superintendents of Vaccination who shall APJsent Suptrmtm- be under the administrative control of the Directordentr. of Health Services and shall have jurisdiction over
such areas as may be specified in the notification' of
appointment.
(2) The Assistant Superintendent shall exercise -such powers and perform such functions of the
Superintendent of Vaccination as may be delegated by Srn with the approval of the Director of Health Services.
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204 , TEE OIUSA VACCINATION ACT, 1960 [ Or.. Act 13 Dkoaor of
~ b a l t h 19. The Director of Health Services shall have strvim to power to make adequate arrangements to the satis- make
adquato faction of the Government for vaccination and re- mange vaccination of all persons within the State and shall-
mII.
(a) establish vaccination centres in adequate
number and at suitable pIaces ;
(6) employ sufficient number of vaccinators and other staf f for work in the vaccination centres and for Itinerary ser~ces:
~ o t l ~ a t b n 20. The location of the public vaccination centres of mil ttatim 80- o~ and the days and hours of the public vaccinator's m n d n a . attendance at each station, s h d be published from time to time in such manner as may be prescribed. FE WI- 21, Vaccination at v a b t i o n centres shall ba nation Mm at -free of charge and fpr vaccination at any place other
en-. than a vaccination centre, fees may be levid at such rates as may be prescribed.
urn pr 22. Vaccinations shall be performed with vaccine
lymph m lymph used for development of protective- immunity
pmtelon agamst smallpox in the person so vaccinated. and h u - nity againjt
a d p o x .
P W ~ to 23. (1) The Government may make rules ,to make rultJ. carry out. , all or any of the purposes of this Act. (2). In particular and without prejudice to the
generabty of the foregoing power, the Government may make rules , for any of the following matters,
namely :-
(a) fees to be paid under section 4 (3) fot getting a chiId vaccinated ;
(b) fees to be paid under section 6 (1) fot getting a child inspected ;
(c) manner of revaccination under section 10 ; ' (6) qualijication required for appointmect as Superintendent or Assist ant Superin- tendent of Vaccination under section 18 (1) ;
(e) manner of publication of the particulars required to be published under section 20;
(0 rates of fees to be levied for vaccination at
; a place other than a vatxination- centre
under section 21 ;
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fg) calablishmcnt and working of vaccination
centres ;
(h) duties, qualification and appoi~tment of
public vadnators ;
(11 manner and proctdure for vaccination and inspection- of results ;
Cfl gratuitous vaccination of such females as ate by custom of the .country unable to attend at the public vaccination stations and are too poor to pay fees ;
fk) duties of the Superintendent of Vacci- nation ;
[C) manner of service of notices under this Act ;
(m) manner of issue of certificates for postpone- ment of vaocination, successful primary vaccination, insusceptibility tb vacci- pation and for revacciaation ;
in) maintenance. of registers for different pur- poses including registers for unprotected children and persons ;
(0) procedure for vaccinat ioa of unprotected
childrdn and persons removed to another locality ;
( p ) manufacture, storage, issue and sale of vaccine Iymph ;
(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 soon as pos- sible aftw they are made for a total period of fourteen
days which m+y. kc .qmp,riged iq ,me o.r, .wQre w~sions ;in6 shaU be subject: to such modifications as tbe
k r n b l y may , make during the said period. 2-4. If ariy doubt or difficulty arises' in gi;ing effect t o the yrcwisions of this Act, the Government may,. as oweon may require, by order, do anything"". which appears to them necessary for the purposes of removing the aoubt or dif5culty.
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[ Or. k t l3
SCHEDULE I
(See section 2) Name and Year Short title Extent or Repeal I . Benga1 Act 5 of 1880 The Bengal Vaccination Act, 188b Who10
2. Act 13 of 1880 . . Tha Vaccination Act, 1880 Whole 3 . Bengal Act 2 of 191 1 ,. Tho BPagaI Vaccination ( b a d - Whole mont) Act, 1911.
4. Madras A d I4 of 1920 The Madras LocaI Boards Act, Scctiom 137, 139 end
1920. 200.
[ See section 4 (2) 1 Please take notlw that the malelfemaIe child of .... , , , , , ......... .,.who has lxon vaccinated on.. ................... .is requird to b p r o d u d for inrpactIon of the rtsult of vadnation at.. ........ ..,.L.vacci~tlon antto on.. ............
&tween the houn 7 A. M. to 11 A. M. D a t d the. ................ .day of.. ,. ,. ,. .- , , -19
1 See saction 4 (3) 1 Please taka notip that you m h e b y required uads tho provisions of the Oris= Vaccination Act, 19 +. ......... to take or causer. ................... ( name of the child), the cMId of.. ........... .-. ... .(same of the father) to be taken to a public vaccination centre fgr- .vaccination or to ' cause it to be vaccinated by soma registerad mdical ' practitioiner within fifteen days from the date of ssrvioa of this nodm and that in debult of doing so you will be liable to a of Gfty r11y ., .
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OY 1960 1 T t l ~ OPZSSA V A C C ~ A ~ O H ACT,1960 307 !
(S-wQ rn prim vaednation. atation marcst your hwso is at .- .- .............. ,. ., ................... The daya rad hour# for vaccination at that centre are,. .,
On tha =id.. ................ (jnscrt the name of tha child). k ing bmught kfora the public vaccinator at the said station within the said bums on the said date or at any otier public vacci~atoion station in the town on the days and within the horn pi&cribpd
................ for public vatcination at such ccatre thc said. (name of the child) PriU be vaccim td Free' of - chargo.
. , 1f you wish th said.. ....... ;... ...... ..(name of tho child) to be v a c c i a at
..... your own housa the public vaccinator will attend these upon payment of a f&of.', , ........ ,...-...- ........ -.
(
............. . 1, tho urrdahgacd horbb'y '&I tify that thoo *1d/f+th%tlb &Id oT. +. '. .,
agd about.. ......... .-. ... years ........... ..months is not now inh a fit and prom mate to Im vaccinated. Therefore, tho vaccination is postponed for - tha *od ........ of .-- ,-Uayc horn this date. I, tho udersigasb bdreby d f y t'bt.. ................. . ... ., .... ... tbe
mali$)feaak child of.. -. ............................. .age. ........ .rmident at, .......... ,. ......-. - - ,. ... -. -. .... .ha% -bean. s u m ~ f u y vaccinated by ntu.
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( See section 8 )
I, tho undersigped h&by W i f y that.. .............. , ... .m~ls~~~~:: .~, .r! , i e-:;:; c?f
........................ .mident at ................ ha# shady !I?- . R ~ : . ' I - . ; ~ : ~ E ce I b v e ihrm times vaccinated. ............................ . m a ~ c ] f a ~ ~ ~ ~ . l ~ ~ c':': .- ~f
.............................. .rcsidont at. . ................... .a& X : &
opinion that tho said child is insuseptib10 to yawination for a pcriod o'f t w c h -&:.
Please take notjco that you aro hereby requtrd under the 'provisiom of the lMwr
V a h t i o a Act, 1960 to submit yourself to a public vaeeiPatur or pn& tlonar within meen days from the sbrvica of this notica for vaccination, and that In of m dohg, you will b liable to a ihei which may arnouat to f f t y rum.
Tho public vacdnation mntre narest your housa is at,, , , , , , , , , ,
Tha &ys and 'hours for vaccinabon at -tha sation am as roIlc)w~:-
(Here i&rt the days and hours whom the public v a h t o r is in, attandad On your attending bafm a public va-tor at the said itadon wi n the d d hwr on any of the said days, or at-any other public vaoinadon mtra in t town on the days and within the hours prescribed fof public vaccination at such cuntia; y w wilt h moeiaatbd fief3 of chargo-
if you wish to be vaccinated at your own house, the public vacdttator, will amd' tbe;~ upon payment of a fa of.. , ,,,,,,,, ,,,,
Dated the '........... ..of.. - . . I 9
Superintendent of Vacchtaion
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