(W.P. Ordinance XXVII of 1958)
[29 November 1958 ]
An Ordinance to consolidate and
amend the law relating to vaccination in the Province of [3][the
Punjab ]
Preamble.— WHEREAS it is expedient to
consolidate and amend the law relating to vaccination in the Province of [4][the
Punjab ];
NOW,
THEREFORE, in pursuance of the Presidential Proclamation of the 7th day of
October, 1958, and in exercise of all powers enabling him in that behalf, the
Governor of West Pakistan is pleased to make and promulgate the following
Ordinance:-
1. Short title and extent.— (1) This Ordinance may be called [5][the
Punjab ] Vaccination Ordinance, 1958.
[1][(2) It extends to the whole of the Province of [7][the
Punjab ] except the Tribal Areas.]
2. Definitions.— In this Ordinance, unless the
context otherwise requires, the following expressions shall have the meanings
hereby respectively assigned to them, that is to say—
[8][(a) “child”
means a person who has not completed the age of sixteen years;]
[1][(aa)] “Government”
means the [10][Provincial
Government of the Punjab ];
(b) “guardian”
includes any person who has accepted or assumed the care or custody of any
child;
(c) “parent”
means the father or mother of a child;
[11][(d) “prescribed”
means prescribed by rules made under this Ordinance;]
[12][(dd) “Smallpox
Eradication Officer” means an officer appointed by Government to perform the
functions and duties of the Smallpox Eradication Officer under this Ordinance;]
[13][(e) “Superintendent
of Vaccination” means a person appointed to perform the duties of
Superintendent of Vaccination under this Ordinance;]
[1][(f) “unprotected
child” and “unprotected person” mean respectively a child or a person who has
not been protected from smallpox by having had that disease, or by having not
been successfully vaccinated, and who has not been certified under this
Ordinance to be insusceptible to vaccination;]
[15][(g) “vaccination”
means the introduction of Vaccinia Virus (lymph) into the skin in order to
confer protection against smallpox; and
(h) “vaccinator”
means any person appointed to perform the operation of vaccination.]
3. Duty of every local authority to carry
out the provisions of this Ordinance.— [16][(1)
It shall be the duty of every local authority or Smallpox Eradication Officer
to enforce the provisions of this Ordinance within their respective
jurisdictions so that all unprotected children and persons are vaccinated.
(2) If the Deputy Commissioner receives
information from the District Health Officer or any Smallpox Eradication
Officer that a local authority has failed to execute or enforce any of the
provisions of this Ordinance relating to the vaccination of unprotected
children or persons, he may, after making such enquiry from the local authority
as he thinks fit, by order, empower any public servant to execute or enforce
the said provisions or to procure the execution or enforcement thereof, and the
order may fix a reasonable remuneration to be paid to such public servant, and
such remuneration together with any expenses incurred by the said public
servant in performing the duties of the local authority under this Ordinance
shall be paid by the local authority.]
(3) If the expenses and the remuneration are
not so paid, the Deputy Commissioner may make an order directing any person who
for the time being has custody of any moneys on behalf of the local authority,
as its officer, treasurer, banker or otherwise to pay such expenses and
remuneration from such moneys as he may have in his hands or may from time to time
receive, and such person shall be bound to obey such order.
(4) When the Deputy Commissioner makes any
order under this section, he shall forthwith forward to the Commissioner and to
the local authority affected thereby a copy of the order with a statement of
reasons for making it, and it shall be in the discretion of the Commissioner to
rescind the order or to direct that it may continue in force with or without
modifications.
(5) The Commissioner shall forthwith submit
to Government a report of every case occurring under this section, and
Government may confirm, revise or modify the order, or make in respect thereof
any other order which the Commissioner could have made:
Provided
that no order of the Deputy Commissioner or the Commissioner passed under this
section shall be confirmed, revised or modified by Government without giving
the local authority a reasonable opportunity of showing cause against such
order.
[17][4. Duty of the parent or guardian to get an
unprotected child vaccinated.— (1) After an unprotected child has attained the age of six
months and before the child is one year of age, the parent or guardian of such
child shall take it or cause it to be taken to a vaccinator or any other person
authorised by Government in this behalf, to be vaccinated, or send for a
vaccinator, or other authorised person to vaccinate it.
(2) Such vaccinator or other authorised
person shall vaccinate the child and deliver to its parent or guardian a
memorandum stating the date on which the vaccination has been performed and the
date on which the child is to be inspected in order to ascertain the result of
the operation, or shall if he finds such child in a state unfit for
vaccination, deliver to its parent or guardian a certificate under his hand to
the effect that the child is in a state unfit for vaccination for the whole or
part of the current vaccination season, and requiring its production for
re-vaccination on the expiry of the said period.]
[18][5. Duty of the parent or guardian to get the child
inspected after vaccination.— The parent or guardian of every child which has been
vaccinated under section 4 shall on the date of inspection stated in the
memorandum take the child or cause it to be taken to a vaccinator or any other
person authorized in this behalf by Government for inspection or get it
inspected at his own house by a vaccinator or such authorized person and such
vaccinator or authorised person shall then append to the memorandum a
certificate showing the result of such inspection and stating that the child
has been inspected.]
6. Certificate of protection.— When it is ascertained at the time
of inspecting a child under section 5 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.
7. Re-vaccination in case of unsuccessful
vaccination.—
When it is ascertained as aforesaid that the vaccination has been unsuccessful,
the parent or guardian shall, if the vaccinator so directs cause the child to
be forthwith again vaccinated and subsequently inspected in the manner
hereinbefore provided.
8. Certificate
of unfitness.— A certificate granted
under section 4 showing the unfitness of a child for vaccination shall
remain in force for the period stated therein and on the termination of that
period, [19][* * *] 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:
Provided
that if the child is still found unfit for vaccination the certificate granted
under section 4 shall be renewed.
9. Certificate of insusceptibility.— If the Superintendent of
Vaccination [20][or
any other officer authorized in this behalf by Government] is of the opinion
that a child which has been three times unsuccessfully vaccinated is
insusceptible of successful vaccination, he shall deliver to the parent or
guardian of such child a certificate under his hand to that effect and parent
or guardian shall thenceforth not be required to cause the child to be
vaccinated.
[21][9-A. Vaccination of unprotected persons.— Every un-protected person shall,
within six months of the coming into force[22]
of the West Pakistan Vaccination (Amendment) Ordinance, 1969, get himself
vaccinated by a vaccinator or other person authorised in this behalf by
Government.]
[23][9-B. Periodic re-vaccination.— (1) Every child or other person who
has been vaccinated and to whom a certificate of insusceptibility has not been
granted under section 9, shall after three years of its or his last
vaccination, and within sixty days of the expiry of the said period, get itself
or himself re-vaccinated by a vaccinator or other person authorised in this
behalf by Government.
(2) In case of an out-break of smallpox in
the Province or any part thereof, or if in the opinion of Government mass
vaccination campaign is necessary in any area, Government may issue a
notification in the official Gazette, specifying, the area or areas where
smallpox has broken out or the mass vaccination campaign is being started and
on the issue of such a notification, every child or other person residing in
the area or areas specified in the said notification, who has been previously
vaccinated and has not been declared insusceptible to vaccination, shall get
itself or himself re-vaccinated by a vaccinator or other person authorised
under sub-section (1) within such period as may be specified in the said
notification.
(3) A
certificate of re-vaccination shall be delivered by the vaccinator or other
person authorised under sub-section (1) to every child or other person who is
vaccinated under the provisions of this section.]
[24][10. Lymph to be used.— The vaccination under this
Ordinance shall be performed with such lymph or freeze dried smallpox vaccine
as may be prescribed.]
11. Fees.— No fee shall be charged by any
vaccinator for vaccination.
[26][12. Enquiry by Superintendent of Vaccination.— If the Superintendent of
Vaccination or any other person authorised in this behalf by Government, after
an on-the-spot enquiry, has reason to believe that an unprotected person or the
parent or guardian of an unprotected child has contravened the provisions of
this Ordinance, he shall deliver a notice in the prescribed manner to such
person, parent or guardian requiring him to comply with such provisions of the
Ordinance as he may have contravened.]
[27][13. Report to the Sub-Divisional Magistrate and
punishment.—
(1) If the notice delivered under the last preceding section is not complied
with, the Superintendent of Vaccination or other person authorised under
section 12 shall report the matter to a magistrate of the first class who shall
thereupon summon the person, parent or guardian to whom the notice was issued
to comply with the notice within a time to be fixed by the magistrate.
(2) If such person, parent or guardian fails
to comply with the orders of the magistrate passed under sub-section (1), then
the magistrate may punish such person, parent or guardian with simple
imprisonment for a term which may extend to three months or with fine which may
extend to one hundred rupees, or with both.]
14. Punishment.— Whoever commits a breach of the
provisions of this Ordinance and the rules made thereunder shall be punished
with simple imprisonment which may extend to three months, or with fine which
may extend to one hundred rupees, or with both.
15. Power
of Government to make rules.— (1) Government may frame rules for the purpose of carrying
into effect the provisions of this Ordinance.
(2) In particular and without prejudice to
the generality of the foregoing powers Government may frame rules for all or
any of the following purposes, namely:-
(a) prescribing
qualifications, conditions of service and uniform for vaccinators;
[28][(aa) prescribing
the authorities by whom appointments under this Ordinance are to be made;]
(b) regulating the manner in
which the Superintendent of Vaccination shall exercise his duties under this
Ordinance;
(c) prescribing
the lymph that may be used for vaccination;
(d) [29][* * * * * * * * * * *]
(e) prescribing
registers to be maintained under this Ordinance; and
(f) prescribing
the forms for notices and certificates.
16. Repeal.— The following enactments are hereby
repealed:-
(a) the
Vaccination Act, 1880[30];
(b) the
Sind Vaccination Act, 1892[31];
(c) the
Bombay District Vaccination Act, 1892[32],
as applicable to the former State of Khairpur;
(d) the
Punjab Vaccination Law Amendment Act, 1925[33];
(e) the
Punjab Vaccination Law Amendment Act, 1929[34];
and
[1]This
Ordinance was promulgated by the Governor of West Pakistan on 26th Nov., 1958;
published in the West Pakistan Gazette (Extraordinary), dated 29th Nov., 1958,
pages 1643-48; saved and given permanent effect by Article 225 of the
Constitution of the Islamic Republic of Pakistan (1962).
[2]Substituted by the Punjab Laws (Adaptation) Order, 1974 (Pb. A.O. 1 of
1974), for “West Pakistan”.
[6]Substituted
by the West Pakistan Vaccination (Amendment) Ordinance, 1969 (XVI of 1969).
[7]Substituted by the Punjab Laws (Adaptation) Order, 1974 (Pb. A.O. 1 of
1974), for “West Pakistan”.
[8]Inserted by
the West Pakistan Vaccination (Amendment) Ordinance, 1969 (XVI of 1969).
[9]Clause (a) re-lettered as (aa) ibid.
[10]Substituted
by the Punjab Laws (Adaptation) Order, 1974 (Pb. A.O. 1 of 1974), for
“Government of West Pakistan”.
[11]Added by the
West Pakistan Vaccination (Amendment and Extension) Ordinance, 1959 (XXXVIII of
1959).
[12]Inserted by
the West Pakistan Vaccination (Amendment) Ordinance, 1969 (XVI of 1969).
[13]Added by the
West Pakistan Vaccination (Amendment and Extension) Ordinance, 1959 (XXXVIII of
1959).
[14]Clause (d) renumbered as clause (f) ibid.,
and, then substituted by the West Pakistan Vaccination (Amendment) Ordinance,
1969 (XVI of 1969).
[15]Substituted
by the West Pakistan Vaccination (Amendment and Extension) Ordinance, 1959
(XXXVIII of 1959).
[16]Substituted
by the West Pakistan Vaccination (Amendment) Ordinance, 1969 (XVI of 1969).
[17]Substituted
by the West Pakistan Vaccination (Amendment) Ordinance, 1969 (XVI of 1969).
[19]The words
“or, if that period terminated after the vaccination season is over, when the
next vaccination season begins” deleted by the West Pakistan Vaccination
(Amendment and Extension) Ordinance, 1959 (XXXVIII of 1959).
[20]Inserted by
the West Pakistan Vaccination (Amendment) Ordinance, 1969 (XVI of 1969).
[21]Added ibid.
[22]It came into
force on 13th August, 1969.
[23]Added by the
West Pakistan Vaccination (Amendment) Ordinance, 1969 (XVI of 1969).
[24]Substituted
by the West Pakistan Vaccination (Amendment) Ordinance, 1969 (XVI of 1969).
[25]Proviso
deleted ibid.
[26]Added ibid.
[27]Substituted ibid.
[28]Inserted by
the West Pakistan Vaccination (Amendment and Extension) Ordinance, 1959
(XXXVIII of 1959).
[29]Deleted by
the West Pakistan Vaccination (Amendment) Ordinance, 1969 (XVI of 1969).
[30]XIII of 1880.
[31]Sind I of 1892.
[32]Bom. I of 1892.
[33]Pb IX of 1925.
[34]Pb. II of 1929.
[35]N.W.F.P. XI of 1947.
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