( XXVII of
1958)
[29th
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 [3] [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 [4][the
Punjab] Vaccination Ordinance, 1958.
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—
[6][(a) “child”
means a person who has not completed the age of sixteen years;]
(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;
[8][(d) “prescribed”
means prescribed by rules made under this Ordinance;]
[9][(dd) “Smallpox Eradication Officer” means an officer appointed by
Government to perform the functions and duties of the Smallpox Eradication
Officer under this Ordinance;]
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[10][(e)
|
“Superintendent of Vaccination” means a person appointed
to perform the duties of
Superintendent of
Vaccination under this Ordinance;]
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[11][(f)
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“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;]
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[12][(g)
|
“vaccination” means the introduction of Vaccinia Virus
(lymph) into the skin in order to confer protection against smallpox; and
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(h)
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“vaccinator” means any
person appointed to perform the operation of vaccination.]
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3.
Duty of
every local authority to carry out the provisions of this Ordinance.— [13][(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, [14][*
* *] 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 [15][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.
[16][9-[17]A.Vaccination of unprotected persons.— Every
un-protected person shall, within six months of the coming 22 into force of the
West Pakistan Vaccination (Amendment) Ordinance, 1969, get himself vaccinated
by a vaccinator or other person authorised in this behalf by Government.]
[18][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.]
[19][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.
[20][*
* * * * * * * * * * * *]
[21][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.]
[22][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;
[23][(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;
(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, 188030;
(b)
the Sind Vaccination Act, 189231;
(c)
the Bombay District Vaccination Act, 189232, as applicable to the
former State of Khairpur;
(d)
the Punjab Vaccination Law Amendment Act, 192533;
[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”.
3
Ibid.
[3] Ibid.
Substituted by the West Pakistan Vaccination
(Amendment) Ordinance, 1969 (XVI of 1969).
[5] Substituted by the
Punjab Laws (Adaptation) Order, 1974 (Pb. A.O. 1 of 1974), for “West Pakistan”.
[6] Inserted by the
West Pakistan Vaccination (Amendment) Ordinance, 1969 (XVI of 1969).
Substituted by the Punjab Laws (Adaptation)
Order, 1974 (Pb. A.O. 1 of 1974), for “Government of West Pakistan”.
[8] Added by the West
Pakistan Vaccination (Amendment and Extension) Ordinance, 1959 (XXXVIII of
1959).
[9] Inserted by the
West Pakistan Vaccination (Amendment) Ordinance, 1969 (XVI of 1969).
[10] Added by the West
Pakistan Vaccination (Amendment and Extension) Ordinance, 1959 (XXXVIII of
1959).
[11] Clause (d) renumbered as clause (f) ibid.,
and, then substituted by the West Pakistan Vaccination (Amendment) Ordinance,
1969 (XVI of 1969).
[12] Substituted by the
West Pakistan Vaccination (Amendment and Extension) Ordinance, 1959 (XXXVIII of
1959).
[13] 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). 18 Ibid.
[14]
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).
[15]
Inserted by the West Pakistan Vaccination (Amendment) Ordinance, 1969 (XVI of
1969).
[16]
Added ibid.
[17]
It came into force on 13th August, 1969
[18]
Added by the West Pakistan Vaccination (Ammendment) Ordinance, 1969 (XVI of
1969).
[19]
Substituted by the West Pakistan Vaccination (Amendment) Ordinance, 1969 (XVI
of 1969).
[20]
Proviso deleted ibid.
[21]
Added ibid.
[22] Substituted ibid.
[23]
Inserted by the West Pakistan Vaccination (Amendment and Extension) Ordinance,
1959 (XXXVIII of 1959).
[24] Deleted by the
West Pakistan Vaccination (Amendment) Ordinance, 1969 (XVI of 1969). 30 XIII of 1880.
[25]
Sind I of 1892.
[26]
Bom. I of 1892.
[27]
Pb IX of 1925.
[28] Pb. II of 1929
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