The West Bengal Vaccination Act, 1973

GOVERNMENT OF WEST BENGAL 
LEGISLATIVE DEPARTMENT 
West Bengal Act XXXVII of 1973 
THE WEST BENGAL VACCINATION ACT, 1973. 
[Passed by the West Bengal Legislature.] 
[Assent of the Governor was first published in the Calcutta 
Gazette, Extraordinary, of the 19th September, 1973.] 
[19th September, 1973.] 
An Act to make vaccination and re-vaccination compulsory for the 
purpose of eradicating small-pox in West Bengal. 
WHEREAS it is expedient to make vaccination and re-vaccination 
compulsory for the purpose of eradicating small-pox in West Bengal; 
It is hereby enacted in the Twenty-fourth Year of the Republic of 
India, by the Legislature of West Bengal, as follows:- 
1. (1) This Act may be called the West Bengal Vaccination Short title, 
Act, 1973. 	 extent and 
commence- (2) It extends to the whole of West Bengal. 	 ment. 
(3) It shall come into force on such date as the State Government 
may, by notification, appoint. 
2. In this Act, unless there is anything repugnant in the subject or Definitions. 
context— 
(a) "child" means a boy or girl who has not attained the age 
of eighteen years; 
(b) "establishment" has the same meaning as in the West Bengal 
Shops and Establishments Act, 1963; 
63 of 1948. 	 (c) "factory" has the same meaning as in the Factories Act, 1948; 
(d) "guardian" means any person to whom the care, nurture or 
custody of any child falls either by law or by natural right 
or recognized usage or who has accepted or assumed the 
care, nurture or custody of any child or to whom the care, 
nurture or custody of any child has been entrusted by any 
lawful authority; 
(e) "medical practitioner" means a person registered in the 
medical register of the State of West Bengal meant for 
registration of persons practising the modern scientific 
system of medicine; 
West Ben. 
Act XIII of 
1963. 
141 
The West Bengal Vaccination Act, 1973. 
[West Ben. Act 
(Section 3.) 
(f) "notification" means a notification published in the Official 
Gazette; 
(g) "person" means a male or female who has attained the age 
of eighteen years; 
(h) "prescribed" means prescribed by rules made under this 
Act; 
(i) "Superintendent of Vaccination" means an officer of the 
State Government or a local authority having prescribed 
qualifications appointed as such by the State Government 
by notification for any area to be specified in the notification, 
and different officers may be appointed for different areas:— 
(j) "unprotected child" means a child who has not— 
(i) been successfully vaccinated or re-vaccinated within 
a period of three years immediately before the 
coming into force of this Act; or 
(ii) been certified under this Act to be insusceptible to 
vaccination; 
(k) "unprotected person" means a person who has not— 
(i) been successfully vaccinated or re-vaccinated within 
a period of three years immediately before the coming 
into force of this Act; or 
(ii) been certified under this Act to be insusceptible to 
vaccination; 
(1) "vaccinator" means any person employed or authorised by 
the State Government or a local authority to act as vaccinator 
and includes a medical practitioner; 
(m) "vaccinating centre" means a place where vaccination is 
performed. 
Duties of 
parents or 
guardians 
regarding 
vaccination 
of children. 
3. (1) The guardian of an unprotected child below six months of 
age shall have such child vaccinated before the child reaches that age 
at a vaccination centre within the prescribed hours or by a vaccinator. 
(2) The guardian of an unprotected child, who is above six months 
of age and is a resident in the State of West Bengal, shall, within one 
month after this Act comes into force, get the child vaccinated. 
(3) The guardian of a child who has been brought within the State 
of West Bengal without a certificate of successful vaccination or re-
vaccination performed within a period of three years prior to the date 
of entry shall, within seven days from the date of such entry, get the 
child vaccinated or re-vaccinated, as the case may be. 
142 
The West Bengal Vaccination Act, 1973. 
XXXVII of 1973.] 
(Sections 4-9.) 
4. (1) An unprotected person who is a resident in the State of West 
Bengal shall, within one month after this Act comes into force, get 
himself vaccinated. 
(2) Any person who has entered the State of West Bengal without 
a certificate of successful vaccination or re-vaccination performed within 
a period of three years prior to the date of entry shall, within seven days 
from the date of such entry, get himself vaccinated or re-vaccinated, as 
the case may be. 
Unprotected 
person to get 
himself 
vaccinated. 
5. A vaccinator to whom any unprotected child is brought or any Duty of 
unprotected person comes for vaccination shall with all reasonable vaccinator.  
despatch vaccinate child or such person. 
6. After a child or person has been vaccinated in accordance with 
the provisions of the Act, the vaccinator shall direct the guardian of the 
child or the person to attend on such date, not exceeding ten days, and 
at such time and place as may be specified by him for the purpose of 
inspecting and ascertaining the result of vaccination. 
7. (1) If the vaccinator finds on inspection that the vaccination has 
been successful, he shall give a certificate of successful vaccination in 
the prescribed form. 
(2) If the vaccinator finds that the vaccination is unsuccessful, he 
shall direct the guardian of the child or the person to have a re-vaccination 
to be performed by the vaccinator and such re-vaccination shall be 
inspected and after inspection shall be dealt with as in respect of the 
previous occasion. 
8. (1) If the Superintendent of Vaccination is satisfied that a child 
or a person within his jurisdiction has been thrice unsuccessfully 
vaccinated, he shall deliver to the guardian of the child or the .  person, 
as the case may be, a certificate in the prescribed form and the child or 
the person shall not be required to be vaccinated within twelve months 
of the last unsuccessful vaccination. 
(2) If after twelve months the child or the person is again found to 
be insusceptible of successful vaccination on three successive operations, 
a certificate to that effect shall be given in the prescribed form to the 
guardian of the child or the person and the child or the person shall not 
be required to be vaccinated again. 
9. (1) Within three months of the completion of a period of three 
years from the date of successful primary vaccination every child or 
Attendance 
for ascer-
taining 
results of 
vaccination. 
Action to be 
taken when 
vaccination 
is successful 
or unsuc-
cessful. 
Certificate 
for 
insuscepti-
bility to 
vaccination. 
Compulsory 
revaccina-
tion. 
143 
The West Bengal Vaccination Act, 1973. 
[West Ben. Act 
Revaccina-
tion in the 
event of 
outbreak of 
small-pox. 
Duties and 
functions of 
Superinten-
dent of 
Vaccination 
and other 
officers. 
(Sections 10, 11.) 
person shall be taken or shall submit himself, as the case may be, to a 
vaccinator or a vaccinating centre for the purpose of re-vaccination in 
the prescribed manner. 
(2) Every child or person shall be taken or shall submit himself, as 
the case may be, to a vaccinator or a vaccinating centre to be re-
vaccinated at intervals of ten years following re-vaccination under sub-
section (1) and the provisions of sections 6 and 7 shall thereupon apply. 
10. (1) Notwithstanding anything contained in sections 8 and 9, 
the Superintendent of Vaccination may, in the event of an outbreak or 
threatened outbreak of small-pox, direct any child or person within his 
jurisdiction to be forthwith vaccinated or re-vaccinated, as the case may 
be. 
(2) For the purpose of vaccination and re-vaccination under sub-
section (1) the Superintendent of Vaccination may take the assistance 
of police, if necessary. 
11. (1) The Superintendent of Vaccination shall ascertain whether 
all children and persons within his jurisdiction have successfully undergone 
vaccination or re-vaccination as required under this Act and if he has 
reason to believe that the guardian of any child or any person has failed 
to perform his duty imposed under this Act, the Superintendent of 
Vaccination shall serve or cause to be served on the guardian of the child 
or the person concerned a notice requiring the child or the person to be 
vaccinated or re-vaccinated within a period of fifteen days from the date 
of service of the notice or presented for inspection at such time and place 
to be specified in the notice: 
Provided that if the Superintendent of Vaccination has reason to 
believe that there is within his jurisdiction an unprotected child or person 
residing in a bustee or staying in any type of shelter and having no fixed 
place of residence, he shall take immediate steps for vaccination or 
re-vaccination of such child or person with the assistance of police, if 
necessary. 
(2) The Superintendent of Vaccination shall discharge such other 
duties and perform such other functions as may be prescribed. 
(3) The State Government may appoint such number of Assistant 
Superintendents of Vaccination and Inspectors of Vaccination as the 
State Government may think fit. 
(4) The Assistant Superintendents' of Vaccination and Inspectors of 
Vaccination shall perform such functions as may be assigned to them 
by the Superintendent of Vaccination. 
144 
The West Bengal Vaccination Act, 1973. 
XXXVII of 1973.] 
(Sections 12-16.) 
12. (1) The Superintendent of every hospital, Medical Officer in 
charge of every health centre, maternity centre or any other medical 
institution, or the medical authority of every nursing home— 
(a) shall cause any child born therein to be vaccinated within 
three days from the date of birth or before the date of 
discharge whichever is earlier unless the Superintendent, 
Medical Officer or the medical authority is of opinion that 
the child is not in a fit state of health to be vaccinated; 
(b) shall cause every patient admitted therein to be vaccinated 
or re-vaccinated unless such patient has been vaccinated or 
re-vaccinated as required under this Act. 
(2) Any medical practitioner attending a female during confinement 
shall after the birth of a child inform the Superintendent of Vaccination 
having jurisdiction of such birth and the Superintendent of Vaccination 
shall take steps for the vaccination of the child within a period of seven 
days from the receipt of such information. 
(3) The Superintendent of every hospital, Medical Officer in charge 
of every health centre, maternity centre or any other medical institution 
or the medical authority of every nursing home shall maintain such 
records and registers as may be prescribed. 
13. No person shall, without a valid vaccination certificate, be 
permitted to enter the premises of any infectious diseases hospital or to 
enter any ward of a hospital, where persons attacked with small-pox are 
admitted. 
14. It shall be the duty of every owner or occupier of a house, hut, 
tenement or bustee to see that any person coming to the house, hut, 
tenement or bustee as a guest or otherwise or any person employed 
therein as an attendant or a servant, whether on a part-time or full-time 
basis, has been vaccinated or re-vaccinated, as the case may be. 
15. Every owner or occupier of a house, hut, tenement, bustee, 
boat, vessel, or public vehicle shall allow the Superintendent of 
Vaccination having jurisdiction or any person duly authorised by him 
in writing to have access thereto after giving such notice as may be 
prescribed for the purpose of ascertaining whether the inmates or 
passengers are vaccinated or re-vaccinated. 
16. The State Government may, if it thinks necessary so to do in 
order to prevent the spread of small-pox, direct, by notification, that for 
a period to be specified in the notification no child shall be brought 
within the State of West Bengal without a certificate of successful 
vaccination or re-vaccination performed within a period of three years 
prior to the date of entry. 
Vaccination 
in hospital, 
health 
centre, etc. 
Entry into 
infectious 
diseases 
hospital. 
Duty of 
owner or 
occupier. 
Inspection 
and detection 
of unpro-
tected child 
or person. 
Restriction 
on entry. 
145 
The West Bengal Vaccination Act, 1973. 
[West Ben. Act 
(Sections 17-24.) 
Restriction 
on admission 
in educa-
tional 
institutions .  
Duty of 
police-
officer 
17. No child or person shall be admitted to any educational institution 
in West Bengal and no person shall be employed in any office, 
establishment, educational institution or factory, in West Bengal not 
being an office, establishment, educational institution or a factory of or 
under the control of the Central Government without a certificate of 
successful vaccination or re-vaccination performed within a period of 
three years prior to the date of admission or employment. 
18. It shall be the duty of every police-officer in charge of a police-
station to inform the Superintendent of Vaccination having jurisdiction 
of the existence of any unprotected child or person within the jurisdiction 
of the police-station when information of the existence of such child or 
person is given to him by any person and to render all assistance to the 
Superintendent to perform his functions under this Act. 
Vaccination 	 19. No fee or remuneration shall be charged for any vaccination fee, 	 or re-vaccination performed by a vaccinator other than a medical 
practitioner or for any certificate given under this Act at a vaccination 
centre. 
Penalty for 	 20. If an unprotected child who has attained the age of six months not 
after the commencement of this Act remains unvaccinated, the guardian vaccinating a 
child within of the child shall be punishable with fine which may extend to fifty the age of six rupees. months. 
21. Any guardian of an unprotected child or any unprotected person 
who contravenes the provisions of section 3, section 4, section 6, sub-
section (2) of section 9 and sub-section (1) of section 11 and any 
vaccinator who neglects or refuses to issue any prescribed certificate 
under this Act shall be punishable with fine which may extend to fifty 
rupees. 
Penalty for 	 . 22. Whoever wilfully signs or procures the signing or making a false 
certificate. 	 false certificate or duplicate certificate under this Act shall be punishable 
with imprisonment for a term not exceeding one month or with fine not 
exceeding one hundred rupees or with both. 
Penalty for 	 23. If any vaccinator other than a medical practitioner accepts or accepting 
illegal 	 agrees to accept or attempts to accept any fee or remuneration, he shall 
remuneration. be  punishable with imprisonment which may extend to two years or with 
fine which may extend to one thousand rupees or with both. 
24. If the owner or occupier of a house, hut, tenement or bustee 
neglects or fails to perform the duty imposed on him under section 14, 
he shall be punishable with fine which may extend to fifty rupees. 
Other 
penalties. 
Penalty for 
not 
performing 
the duty 
imposed 
under 
section 14. 
146 
The West Bengal Vaccination Act, 1973. 
XXXVII of 1973.1 
(Sections 25-31.) 
25. If the owner or occupier of a house, hut, tenement, bustee, boat, 
vessel or public vehicle refuses the Superintendent of Vaccination or the 
person duly authorised by him to have access thereto for the purpose 
of section 15 without reasonable cause, he shall be punishable with 
imprisonment which may extend to two years or with fine which may 
extend to one thousand rupees or with both. 
26. Whoever contravenes the provisions of section 17 shall be Penalty for 
contraven- 
e 	 with fine which may extend to fifty rupees. 	 lion of 
section 17. 
27. (1) All offences under this Act shall be cognizable and bailable Trial of 
and, subject to the provisions of any law for the time being in force for 
the trial of offences, such offences may be tried by a Magistrate not 
below the rank of the first class. 
(2) When any person or the guardian of any child has been convicted 
by a Magistrate for not being, or for not getting such child, vaccinated 
or re-vaccinated, the Magistrate shall make an order directing immediate 
vaccination or re-vaccination of such person or child, as the case 
may be. 
28. In any prosecution under. this Act for the negligence of a 
guardian to get a child vaccinated or for the negligence of a person to 
get himself vaccinated, it shall not be necessary in support of such 
prosecution to prove that the guardian or the person, as the case may 
be, received notice from the Superintendent of Vaccination or any other 
officer of the requirement of law in this respect. If the guardian or the 
person produces a certificate of successful vaccination the same shall 
be a sufficient defence for him. 
29. If any certificate issued under this Act is lost, destroyed or Issue of 
defaced, a duplicate certificate may be issued on application in the duplicate 
certificate. 
prescribed manner from the person concerned. 
30. (1) The State Government may make rules to carry out the Power to 
purposes of this Act. 	 make rules.  
(2) In particular and without prejudice to the generality of the 
foregoing power, such rules may provide for all or any of the following 
matters, namely:— 
(a) the form of the certificate of vaccination; 
(b) the issue of a duplicate certificate; 
(c) the duties and functions of the Superintendent of Vaccination; 
(d) any other matter that may be or is required to be prescribed. 
Ben. Act v 	 31. The Bengal Vaccination Act, 1880, is hereby repealed. 	 Repeal. 
of 1880. 
Penalty for 
refusal to 
give access. 
offences. 
Prosecution 
for 
negligence. 
147 

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