Updated: Thursday August 15, 2013/AlKhamis
Shawwal 09, 1434/Bruhaspathivara
Sravana 24, 1935, at 06:33:07 PM
[1][1]The [2][2][
(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][3][the
Preamble.— WHEREAS it is expedient to consolidate and
amend the law relating to vaccination in the Province of [4][4][the
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][5][the
[6][6][(2) It
extends to the whole of the Province of [7][7][the
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][8][(a) “child” means a person who has not completed
the age of sixteen years;]
[9][9][(aa)] “Government” means the [10][10][Provincial Government of the
(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][11][(d) “prescribed” means prescribed by rules made
under this Ordinance;]
[12][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][13][(e) “Superintendent of Vaccination” means a person
appointed to perform the duties of Superintendent of Vaccination under this
Ordinance;]
[14][14][(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][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][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][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][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][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][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][21][9-A. Vaccination of unprotected persons.— Every un-protected person shall, within six
months of the coming into force[22][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][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][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.
[25][25][* * * * *
* * * * * * * *]
[26][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][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][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][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][30];
(b) the
(c) the Bombay District Vaccination Act, 1892[32][32], as applicable to the former State of
(d) the
(e) the
(f) the
[1][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][2]Substituted
by the Punjab Laws (Adaptation) Order, 1974 (Pb. A.O. 1 of 1974), for “
[3][3]Ibid.
[4][4]Ibid.
[5][5]Ibid.
[6][6]Substituted by the
[7][7]Substituted
by the Punjab Laws (Adaptation) Order, 1974 (Pb. A.O. 1 of 1974), for “
[8][8]Inserted by the
[9][9]Clause (a) re-lettered as (aa) ibid.
[10][10]Substituted by the Punjab
Laws (Adaptation) Order, 1974 (Pb. A.O. 1 of 1974), for “Government of
[11][11]Added by the
[12][12]Inserted by the
[13][13]Added by the
[14][14]Clause (d) renumbered as clause (f)
ibid., and, then substituted by the
West Pakistan Vaccination (Amendment) Ordinance, 1969 (XVI of 1969).
[15][15]Substituted by the
[16][16]Substituted by the
[17][17]Substituted by the
[18][18]Ibid.
[19][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][20]Inserted by the
[21][21]Added ibid.
[22][22]It came into force on 13th
August, 1969.
[23][23]Added by the
[24][24]Substituted by the
[25][25]Proviso deleted ibid.
[26][26]Added ibid.
[27][27]Substituted ibid.
[28][28]Inserted by the
[29][29]Deleted by the
[30][30]XIII of 1880.
[31][31]
[32][32]Bom. I of 1892.
[33][33]Pb IX of 1925.
[34][34]Pb. II of 1929.
[35][35]N.W.F.P. XI of 1947.
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