THE VACCINATION ACT, 1880

(ACT NO. V OF 1880).
  [26th May 1880]
 
   
     
     1 An Act to make vaccination compulsory.
 
    
   
 
  PRELIMINARY
 
  Preamble  
WHEREAS it is expedient to make vaccination compulsory in the port of Chittagong and in certain towns and selected local areas in Bangladesh to which this Act may be hereafter extended; It is hereby enacted as follows:-
 
 
 
  Short title Extent  
1. This Act may be called the 2[ * * *] Vaccination Act, 1880;
 
 
 
  Power to extend Act to towns and local areas  
The Government may, by notification published in the official Gazette, declare its intention to extend this Act, or any of its provisions, to any town or selected local area in Bangladesh.
 
 
 
  Objection to such extension  
Any inhabitant of such town or area objecting to such extension may, within six weeks from the said publication, send his objection in writing to the Secretary to the Government, and the Government shall take such objection into consideration.
 
 
 
  Procedure thereon  
When six weeks from the said publication have expired, the Government, if no such objections have been sent as aforesaid, or (where such objections have been so sent in) if in its opinion they are insufficient, may by like notification effect the proposed extension.



The Government shall cause the substance of any notification mentioned in this section to be proclaimed and notified within the town or area affected by the same, in the vernacular of such town or area, by such means, and in such manner, as it may direct.
 
 
 
  Commencement  
The operation of this Act in any place may at any time be suspended by the Government by notification in the official Gazette.
 
 
 
  Interpretation-clause  
2. In this Act, unless there be something repugnant in the subject or context,-



"parent" includes the father and mother of a legitimate child, and the mother of an illegitimate child;



"guardian" means any person to whom the care, nurture or custody of any child falls 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 or custody of any child has been entrusted by any authority lawfully authorized in that behalf;



"public vaccinator" means any vaccinator appointed under this Act, or any person duly authorized to act for such public vaccinator;



"Inspector” means a person authorized by the Superintendent of Vaccination to exercise all or any of the functions of an Inspector under this Act;



"medical practitioner” means any person duly qualified by a diploma, degree or license to practise in medicine or surgery;



"unprotected child" means a child who has not been protected from small-pox by having had that disease naturally or by having been successfully vaccinated, and who has not been certified under the provisions of this Act to be insusceptible of vaccination;



"unprotected person" includes a child who has no parent or guardian and means a person who has not been protected from small-pox by having had that disease naturally or by having been successfully vaccinated, and who has not been certified under the provisions of this Act to be insusceptible of vaccination;



"section" means a section of this Act.
 
  VACCINATION OF CHILDREN
 
  Parent or guardian of children born in compulsory limits, and of unprotected children brought to reside in such limits, must procure their vaccination  
3. The parent or guardian of every child born in any place to which this Act applies, as above provided, or may hereafter be extended shall, within six months after the birth of such child, and



the parent or guardian of every unprotected child under the age of fourteen years brought to reside, whether temporarily or permanently, in such place aforesaid,



shall, within six months after such child's arrival in such place,



take it, or cause it to be taken to a public vaccine-station to be vaccinated, or shall, within such period as aforesaid, cause it to be vaccinated by some medical practitioner or public vaccinator;
 
 
 
  Unprotected child may be required to be vaccinated within fifteen days  
and the parent or guardian of every unprotected child may, whenever the Superintendent of Vaccination, as hereinafter appointed, shall deem it expedient, be served with a notice, in the form prescribed in the first schedule of this Act, requiring the parent or guardian, within fifteen days after the service of the same, to take such child, or cause such child to be taken, to a public vaccine-station to be vaccinated, or within such period as aforesaid to cause it to be vaccinated by some medical practitioner or public vaccinator;
 
 
 
  Public vaccinator bound to vaccinate all children brought to him  
and every such parent or guardian shall, within the said period, comply with the requisition;



and any public vaccinator to whom such child, or to whom any child under the age of fourteen years, is brought for vaccination at such vaccine-station, or who is requested to vaccinate such child elsewhere than at a public vaccine-station, is hereby required, with all reasonable dispatch, subject to the conditions hereinafter mentioned, to vaccinate such child.
 
 
 
  Inspection  
4. At an appointed hour on a day not less than seven or more than ten days after the operation shall have been performed, or on an earlier day, if required, the parent or guardian shall cause the child to be inspected by the operator (if a medical practitioner) or by an Inspector, that the result of the operation may be ascertained; and when any public vaccinator has vaccinated a child elsewhere than at a public vaccine-station, an Inspector shall visit the child at the time and for the purpose above mentioned, whether he is requested to do so or not.
 
 
 
  Repetition of vaccination  
In the event of the vaccination being unsuccessful, such parent or guardian shall, if the Inspector or medical practitioner so direct, cause the child to be forthwith again vaccinated and subsequently inspected as on the previous occasion.



No fee shall be charged by an Inspector for anything done by him under this section.
 
 
 
  If child be unfit for vaccination, certificate in Form A to be given, which shall remain in force for one month, but shall be renewable  
5. If any Inspector or medical practitioner shall be of opinion that any child is not in a fit state to be vaccinated, he shall forthwith deliver to the parent or guardian of such child a certificate under his hand according to the form of Schedule A hereto annexed, or to the like effect, that the child is then in a state unfit for vaccination.



The said certificate shall remain in force for one month only, but shall be renewable for successive periods of one month until the Inspector or medical practitioner shall deem the child to be in a fit state for vaccination, when the child shall, with all reasonable despatch, be vaccinated, and a certificate of successful vaccination given in the form of Schedule C hereto annexed according to the provisions of section 7 if warranted by the result.
 
 
 
  Procedure where child is found to have had small-pox or to be insusceptible of successful vaccination  
6. (1) If any Inspector or medical practitioner finds-



(a) that a child brought for vaccination has already had small-pox, or



(b) that a child who has been three times unsuccessfully vaccinated is insusceptible of successful vacci-nation,



he shall deliver to the parent or guardian of such child a certificate under his hand, according to the form in Schedule B hereto annexed, or to the like effect.



(2) If the Superintendent is satisfied that such child has already had small-pox or is insusceptible of successful vaccination, he shall endorse such certificate.

(3) Such endorsement shall operate as an exemption from liability to vaccination,-



(i) in case (a) in sub-section (1)- absolutely, and



(ii) in case (b) in that sub-section-for a period of twelve months.



(4) Upon the expiration of the said period, the parent or guardian of such child shall forthwith cause the child to be vaccinated again;



and if an Inspector or a medical practitioner finds after two further unsuccessful vaccinations that the child is insusceptible of successful vaccination, he shall deliver to the parent or guardian a further certificate under his hand, according to the form of Schedule B hereto annexed, or to the like effect;



and if the Superintendent of vaccination be again satisfied that the child is insusceptible of successful vaccination, he shall endorse such certificate and such endorsement shall operate as an absolute exemption from liability to further vaccination.
 
 
 
  Provision for giving certificates of successful vaccination  
7. When a public vaccinator or medical practitioner has performed the operation of vaccination upon any child, and an Inspector or such practitioner has ascertained that the same has been successful,



such Inspector or practitioner, as the case may be, shall deliver to the parent or guardian of such child a certificate according to the form of Schedule C hereto annexed or to the like effect, certifying that the said child has been successfully vaccinated.
 
 
 
  No fee to be charged for vaccination at a public vaccine-station, or for certificates  
8. No fee or remuneration shall be charged by any Inspector to the parent or guardian of any child for any such certificate as aforesaid, nor by any public vaccinator for any vaccination done by him in pursuance of this Act at a public vaccine-station.



But, when a public vaccinator attends at the request of the parent or guardian elsewhere than at a public vaccine-station for the purpose of vaccinating a child, he shall be paid a fee not exceeding fifty poisha; such fee to be devoted to the purposes in the next succeeding section mentioned.
 
 
 
  Fees how to be appropriated  
9. All such fees shall be appropriated as the Government may from time to time direct.
 
 
 
  Superintendent of vaccination or his assistants may inspect vaccination of child  
10. The Superintendent of Vaccination, as hereinafter appointed, or any of his assistants, or any Inspector may, from time to time, inspect the vaccination of any child, whether performed by a public vaccinator or medical practitioner; and may, if he thinks fit, direct that such child be forthwith again vaccinated.
 
  VACCINATION OF UNPROTECTED PERSONS
 
  Unprotected persons to be vaccinated  
11. Every unprotected person may, whenever the said Superintendent of vaccination shall deem it advisable, be served with a notice in the form in Schedule D hereto annexed, requiring him, within fifteen days after service of the same, to submit himself to a public vaccinator or medical practitioner to be vaccinated; and every such person shall, within the said period, submit himself to a public vaccinator or medical practitioner for vaccination.
 
 
 
  Former sections applicable  
12. The provisions of sections 3 to 10 (both inclusive) shall apply, with the necessary alterations, to the case of unprotected persons.
 
 
 
  Health Officer of Port may cause vaccination of unprotected persons on their arrival  
13. The powers conferred by sections 11 and 30 upon the said Superintendent of Vaccination may, in the case of unprotected persons arriving in the port of Chittagong, be exercised by the Health Officer of the said port immediately upon their arrival.
 
 
 
  Health Officer may, in certain cases, require immediate vaccination of unprotected person on board  
If a vessel arrives in the said port of Chittagong having on board any person suffering from the disease of small-pox, the said Health Officer may, if he deem it expedient in order to prevent the risk of the contagion of small-pox being conveyed into the town or suburbs of Chittagong, require any unprotected person on board such vessel to submit himself forthwith to be vaccinated; and every such person shall, before leaving the vessel, submit himself to the said Health Officer, or any person duly authorized to act in this behalf, for vaccination:



Provided that nothing herein contained shall apply to any vessel belonging to, or in the service of, the Government, or to any vessel belonging to any foreign Prince or State.
 
  MISCELLANEOUS
 
  Occupier of house, etc, to allow access  
13A. Every person occupying any house, enclosure, vessel or other place within the limits of the town or port of Chittagong, or the suburbs of Chittagong, shall allow the Superintendent of Vaccination, or a medical practitioner, or public vaccinator or Inspector duly authorized by him in this behalf, such access thereto as he may require for the purpose of ascertaining whether the inmates are protected or not, and as, having regard to the customs of the country, may be reasonable.



Whenever it is necessary to ascertain whether a woman is protected or not, the investigation shall be conducted by a female with strict regard to the habits and customs of the country.
 
 
 
  Public vaccine-stations  
14. For the purposes of this Act, the Deputy Commissioner may, subject to the approval of the Government, appoint such stations for the performance of vaccination as he may, from time to time, deem fit.



Such stations shall be called "public vaccine-stations".
 
 
 
  Appointment of public vaccinators, etc  
The Deputy Commissioner may appoint such public vaccinators and vaccination establishments for carrying out the purposes of this Act as he may, from time to time, deem fit.
 
 
 
  Notification of stations and hours of attendance  
The positions of the public vaccine-stations fixed under the provisions of this section, and the days and hours of the public vaccinators' attendance at each station, shall be published, from time to time, in such manner as the Deputy Commissioner may direct.
 
 
 
  Power of Deputy Commissioner to make rules  
15. The Deputy Commissioner may, from time to time, make such rules, consistent with this Act, as he may deem fit, for regulating the expenses of such vaccination establishments aforesaid, the payment of public vaccinators and Inspectors, and the realization and scale of fees under this Act.
 
 
 
  Superintendent of Vaccination  
16. The Civil Surgeon of a district, or such other officer as the Government may, from time to time, appoint in that behalf, shall, in that district, exercise the powers and perform the duties by this Act assigned to the Superintendent of Vaccination.

Such officer, subject to the orders of the Government, shall have a general control over all the proceedings of public vaccinators and Inspectors, and shall perform such duties in connection with public vaccination, in addition to those prescribed by this Act, as shall be required by the Government.
 
 
 
  [Omitted]  
17. [Omitted by the East Pakistan Repealing and Amending Ordinance, 1962 (Ordinance No. XIII of 1962).]