The Odisha Vaccination Act, 1960

 
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The Orissa Vaccination Act, 1960 
 
Act 13 of 1960 
 
 
 
 
 
 
 
 
Keyword(s): 
Parent, Public Vaccinator, Registered Medical Practitioner, Doctor, 
Unprotected Child, Unprotected Person 
 
 
O~rss~ 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 ah five .years and at iatqwIs of fie ym 
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; 
I 
195 
MISCELLANEOUS 
Ssm~ 
18. Appointmaat of Snperintendents sad Assistant Superintendent8 
19. Dkctor of Hdth 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 aest . smallpox . 
t3, Pm to make rules 
a. POW to remove mcuttiis 
. . 
,, , 
. - 
SCHEDULE f 
. , 
SCHEDULE XE 
'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 PROWE FOR- COMPWORY VAC~ATION 
FOR SECURING ERADICATION Am PREWON 
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 Ad may be called the Orissa Vacci- zgt 22 
nation Act, 1960. CO~~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 othenvisewti~~ 
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- 
nised usage, or who has.accepted or as- 
sumed care, nurture or ~stody 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 pubbm 
ia Orirsa Gazette, dated 1.9-9-1960, Pt. III, P. 635. 
1 24 Law- 14 1 
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 are where this 
vacchqtion Act remains in operation within six months 
?&y of its birth ; and 
(b) every other unprotected child- 
(i) living in such area within sik months of 
the date of commencement of this Act ; 
or 
(ii) 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. 
i: 
(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 bd 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 VUdMd04 
child udt 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 dt for vaccination, the certificate may be 
.renewed 6y the said authority'for such further period, 
as may be recommended by the Superintendent of 
Vaccination, 
200 Tim ~SSA VACCINATION ACT, 1960 [ Or. Act 13 
Inspection of 
~csult 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 ked 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 
sdon 6; direct that such child be forthwith revad- 
nated. 
CtIttecata 8. (1) If the Superintendent of Vaccination is 
%&"ST satisfed that a child- 
VKcCimw 
-(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 
(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~~~UISO~~ 
pen'od of five years from the date of successful pii-~~~~~ . 
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:;; 
this - behalf to have access thereto for the purpose of ascertaining whether the inmates are protected or 
revaccinated : 
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 hula- 
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 he which 
may exteid to fifty rupees and if the offence is a ~ntinuing one with a he of ten rum for every- 
day ,during which the offence continues : 
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 he 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 Hty 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 sumton- 
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. 
204 , TEE OIUSA VACCINATION ACT, 1960 [ Or.. Act 13 
Dkoaor of 
~balth 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 staff for work in the vaccination 
centres and for Itinerary ser~ces: 
~otl~atbn 20. The location of the public vaccination centres 
of mil ttatim 80- o~ and the days and hours of the public vaccinator's 
mndna. attendance at each station, shd be published from 
time to time in such manner as may be prescribed. 
FE WI- 21, Vaccination at vabtion 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 hu- 
nity againjt 
adpox. 
PW~ 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 ; 
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 
krnbly may , make during the said period. 
2-4. If ariy doubt or difficulty arises' in gi;ing 
effect to 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. 
[ Or. kt 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 (bad- Whole 
mont) Act, 1911. 
4. Madras Ad 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 produd for inrpactIon 
of the rtsult of vadnation at.. ........ ..,.L.vacci~tlon antto on.. ............ 
&tween the houn 7 A. M. to 11 A. M. 
Datd the. ................ .day of.. ,. ,. ,. .- , , -19 
1 See saction 4 (3) 1 
Please taka notip that you m heby 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 ., . 
OY 1960 1 Ttl~ OPZSSA VACC~A~OH 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). king 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 vaccia 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 dfy t'bt.. ................. .. ... ., .... ... tbe 
mali$)feaak child of.. -. ............................. .age. ........ .rmident at, .......... ,. ......-. - - ,. ... -. -. .... .ha% -bean. sum~fuy vaccinated by ntu. 
( See section 8 ) 
I, tho undersigped h&by Wify that.. .............. , ... .m~ls~~~~::.~,.r!,i e-:;:; c?f 
........................ .mident at ................ ha# shady !I?-. R~:.'I-.;~:~E 
ce I bve ihrm times vaccinated. ............................ .ma~c]fa~~~~.l~~ c':': .- ~f 
.............................. .rcsidont at.. ................... .a& X : & 
opinion that tho said child is insuseptib10 to yawination for a pcriod o'f twch -&:. 
Please take notjco that you aro hereby requtrd under the 'provisiom of the lMwr 
Vahtioa 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 ffty 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 vahtor is in, attandad 
On your attending bafm a public va-tor at the said itadon wi n the dd hwr 
on any of the said days, or at-any other public vaoinadon mtra in t t town on the 
days and within the hours prescribed fof public vaccination at such cuntia; yw 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.. -. .I9 
Superintendent of Vacchtaion 

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