Vaccination Act, 1880

Exact source transcription retained, including print layout and extraction artifacts. Text SHA-256: b0e889099f0bb52a0c81e19549d24607326048c4163e436969ae83460704c591.

Page 
1
 
of 
9
 
 
 
 
THE VACCINATION ACT, 1880
 
 
 
CONTENTS
 
PREAMBLE 
 
1. 
 
Short t
itle. 
 
Application
 
2
. 
 
Interpretation
-
clause
 
3. 
 
Extension of Act to municipalities
 
4. 
 
Extension to cantonments
 
5. 
 
Power to withdraw local area from operation of Act
 
6. 
 
Prohibition of inoculation
 
Inoculated persons not to enter without certificate local area subject to Act
 
7. 
 
Vaccination
-
circles
 
Vaccinators
 
Superintendent of 
v
accination 
 
8. 
 
Private vaccinators
 
9. 
 
Unprotected children to be vaccinated
 
Vaccinator to 
vaccinate children, or deliver certificate of postponement 
 
10. 
 
Inspection after vaccination
 
11. 
 
Procedure when vaccination is successful
 
12. 
 
Procedure when vaccination is unsuccessful
 
13. 
 
Procedure when child is unfit for vaccination
 
Renewal of postponement certificates  
 
14. 
 
Certificates of insusceptibility of successful vaccination
 

 
Page 
2
 
of 
9
 
 
15. 
 
What lymph to be used.
 
16. 
 
No fee to be charged except by private vaccinator
 
Proviso
 
17. 
 
Duties of 
Superintendent
 
of vaccination
 
Notice to parent 
or guardian neglecting to comply with Act
 
18. 
 
Order by Magistrate when notice not complied with
 
Procedure when order not obeyed 
 
Magistrates to be non
-
official Natives 
 
19. 
 
Power to make rules for municipalities
 
20. 
 
Power to make rules for cantonments
 
2
1. 
 
What rules under sections 19 and 20 may provide for
 
22. 
 
Punishment of offences
 
23. 
 
Municipal funds to receive fees and meet expenditure
 
 
 
 
 
 
 
Page 
3
 
of 
9
 
 
THE VACCINATION ACT, 1880
 
1
ACT No. XIII OF 1880
 
[9
th 
July,
 
1880] 
 
An Act to give power to prohibit 
inoculation and to make the vaccination of children compulsory in 
certain Municipalities and Cantonments
2
.
 
Preamble. 
WHEREAS it is expedient to give power to prohibit inoculation, and make the 
vaccination of children compulsory in certain 
municipalities and cantonments
2
; It is hereby enacted as 
follows:
__
_
 
 
1. Short Title, Application
. This Act may be c
alled the Vaccination Act, 1880
: and it shall 
apply only to such municipalities and cantonments
3
 
situate in 
4
[the Punjab, the North
-
West Fro
ntier 
5
[
*
]
 
and the district of Sylhet 
5
[
* * *] as it may be extended to in manner hereinafter provided. 
 
2
. Interpretation
-
clause
. In this Act unless there is something repugnant in the subject or 
context,
___
 
 
(1) 
“Municipal Commissioners.” 
the expression 
“Municipal Commissioners” means a body 
of Municipal Commissioners or a Municipal Committee constituted under the provisions of any 
enactment for the time being in force: 
 
(2) 
“parent.” 
“parent” means the father of a legitimate child and the mother of an il
legitimate 
child: 
 
(3) 
“guardian”. 
“guardian” includes any person who has accepted or assumed the care or 
custody of any child: 
 
(4) 
“unprotected child.” 
“unprot
ected child” means a child who h
as not been protected from 
small
-
pox by having had that disease either naturally or by inoculation, or by having been successfully 
vaccinated, and who has not been certified under this Act to be insusceptible to vaccination: 
 
(5) 
“inoculation.” 
“inoculatio
n” means any operation performed with the object of producing 
the disease of small
-
pox in any person by means of variolous matter: 
 
 
1
For Statement of Objects and Reasons, 
see 
Gazette of India, 1880, Pt. V p. 80 ; for Report of Select Committee, 
see ibid.,
 
p. 205, and for Proceedings in 
Council, 
see ibid., 
1879, Supplement, p. 1225, and 
ibid., 
1880, Supplement, pp. 566, 1204. 
 
This Act has been declared to be in force in Balochistan by the British Balochistan Laws Regulation, 1913 (2 of 1913), s. 3. 
 
It has
 
been applied to Phulera in the Excluded Area of Upper Tanawal to the extent the Act is applicable in the N.W.F.P., subject to
 
certain modifications 
; 
see 
N.W.F.P. (Upper Tanawal) (Excluded Area) Laws Regulation, 1950. 
 
It has been extended to the Excluded
 
Area of Upper Tanawal other than Phulera by N.W.F.P. (Upper Tanawal) (Excluded Area) Laws Regulation, 1950 
and declared to be in force in that area with effect from 1st June, 1951, 
see 
N.W.F.P. Gazette, Ext., dated the 1st June, 1951. 
 
It has been diverse
ly amended in the Punjab, by Punjab Acts 3 of 1915 and 2 of 1929, and in N.W.F.P. by N.W.F.P. Act 11 of 1947. 
 
It has been extended to the Leased Areas of Balochistan, 
see 
the Leased Areas (Laws) Order, 1950 (G.G.O. 3 of 1950); and also applied in the Fede
rated 
Areas of Balochistan, 
see 
Gaz. of India, 1937, Pt. I, p. 1499. 
 
This Act has been repealed in its application to the Province of West Pakistan by West Pakistan Ordinance 27 of 1958, s. 16. 
 
2
The long title and preamble have been amended in the Punjab and N.W.F.P. so as to include other local areas. 
 
3
This provision has been amended in the Punjab and the N.W.F.P. so as to include other local areas. 
 
4
The original words “the territories administ
ered respectively by the Lieutenant
-
Governor of the North
-
Western Provinces and the Punjab, and the Chief 
Commissioner of Oudh, the Central Provinces, British Burma, Assam, Ajmer and Coorg” has been successively amended by A.O., 19
37, A.O., 1949, 
Sch. and 
the Federal Laws (Revision and Declaration) Act, 1926 (26 of 1951), s. 8, to read as above. 
 
5
The words” Province
 
and 
in East Bengal
” omitted by the Central Laws (Statute Reform) Ordinance, 1960 (21 of 1960), s. 3 and 2nd Sch.(
with effect 
from the 14th Oct
ober, 1955)
. 
 
 
Page 
4
 
of 
9
 
 
(6) 
“vaccination circle.” 
“vaccination
-
circle” means one of the parts into which a municipality 
or cantonment has been divided under this Act for the performance of vaccination: 
 
(7) 
“vaccinator”. 
“vaccinator
” means any vaccinator appointed under this Act to perform the 
operation of vaccination, or 
any private person authorized 
1
* * * in manner hereinafter provided to 
perform the same operation; and includes a “Superintendent of vaccination” : 
 
(8) 
“vaccinatio
n season.” 
“vaccination
-
season” means the period from time to time fixed by 
the 
2
[Provincial Government] for any local area under its administration by notification in the official 
Gazette, during which alone vaccination may be performed under this Act. 
 
3
. Extension of Act to municipalities
. A majority in number of the persons present at a 
meeting of the Municipal Commi
ssioners specially convened in 
this behalf may apply to the 
2
[Provincial Government] to extend this Act to the whole or any part of a munic
ipality, and thereupon 
the 
2
[Provincial Government] may, if it thinks fit, by notification published in the official Gazette, 
declare its intention to extend this Act in the manner proposed. 
 
Any inhabitant of such municipality or part thereof who objects 
to such extension may within 
six weeks from the date of such publication, send his objection in writing to the Secretary to the 
2
[Provincial Government], and the 
2
[Provincial Government] shall take such objection into 
consideration. When six weeks from the
 
said publication have expired, the 
2
[Provincial Government], 
If no such objections have been sent as aforesaid, or (when such objections have been so sent) if in its 
opinion they are insufficient, may by like notification effect the proposed extension
3
. 
 
4. Extension
.
 
to cantonments
. The 
2
[Provincial Government] may, 
3
[
* * *
]
 
by notification in 
the 
5
[official Gazette], extend this Act to the whole or any part of a military cantonment. 
 
5. Power to withdraw local area from operation of Act
. The 
2
[Provincial Government] may, 
by notification in the official Gazette, withdraw any local area in a municipality or 
5
* * * any local 
area in a cantonment, from the operation of this Act. 
 
6. Prohibition of inoculation
. In any local area to which the provisi
ons of this Act apply, 
inoculation shall be prohibited; and 
 
Inoculated persons not to enter
,
 
without certificate, local area subject to Act. 
No person 
who has undergone inoculation shall enter such area before the lapse of forty days from the date of the 
operation, without a certificate from a medical practitioner, of such class as the 
2
[Provincial 
Government] may from time to time by written order authorize to grant such certificates, stating that 
such person is no longer likely to produce small
-
pox by co
ntact or near approach. 
 
7. Vaccination circles
. Every local area to which this Act applies shall be a vaccination circle, 
or shall in manner hereinafter provided be divided into a number of such circles; 
 
Vaccinators. 
one or more vaccinators shall be appo
inted in manner hereinafter provided for 
each such circle; and 
 
 
1
The words “by the L.G.” rep. by t
he Decentralization Act, 1914 (IV
 
of 1914), s. 2 and Sch., Pt. I. 
 
2
Subs. by A.O., 1937, for “L.G.”. 
 
3
The words “subject to the control of the G.G. in C” re
p. by the Dev
olution Act, 1920 (XXXVIII 
of 1920). 
 
4
Subs. by A.O., 1937, for “local official Gazette”. 
 
5
See 
foot
-
note 4 on preceding page. 
 
 
 
Page 
5
 
of 
9
 
 
Superintendent of vaccination. 
one or more Superintendents of vaccination shall be 
appointed in manner hereinafter provided for each such local area. 
 
8. Private vaccinators
. The 
1
[Commissioner] may by written licence authorize private 
vaccinators to perform vaccination in any vaccinati
on
-
circle, and may suspend or cancel any such 
licence. 
 
9. Unprotected children to be vaccinated
. When any unprotected child, having attained the 
age of 6 months, has resided for a period of one month during the vaccination
-
season in any local area 
to whic
h the provisions of this Act apply, and has not at the expiration of such period attained the age, 
if a boy, of fourteen years, and if a girl, of eight years, the parent or guardian of such child shall take 
it, or cause it be taken, to a vaccinator to be v
accinated, or send for vaccinator to vaccinate it. 
 
Vaccinator to vaccinate children or deliver certificates of postponement. 
Such vaccinator 
shall vaccinate the child and deliver to its parent or guardian a memorandum stating the date on which 
the vaccina
tion 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. 
 
10. Inspection after vaccination
. The parent or guardian of every child which has been 
vaccinated under section nine shall, on the da
te of inspection stated in the memorandum, take the child, 
or cause it to be taken, to a vaccinator for inspection, or get it inspected at his own house by a 
vaccinator; and such vaccinator shall then append to the memorandum a certificate stating that the
 
child has been inspected and the result of such inspection. 
 
11. Procedure when vaccination is successful. 
When it is ascertained at the time of inspecting 
a child under section ten that the vaccination has been successful, a certificate shall be delivere
d by 
the vaccinator to the parent or guardian of such child to that effect, and such child shall thereafter be 
deemed to be protected. 
 
12. Procedure when vaccination is unsuccessful
. When it is ascertained as aforesaid that the 
vaccination has been unsucc
essful, the parent or guardian shall, if the vaccinator so direct, cause the 
child to be forthwith again vaccinated and subsequently inspected in manner hereinbefore provided. 
 
13. Procedure when child is unfit for vaccination. 
A certificate granted under 
section nine 
showing the unfitness of a child for vaccination shall remain in force for the period stated therein, and 
on the termination of that period, or, if that period terminates after the vaccination
-
season is over, when 
the next vaccination
-
season b
egins, 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: 
 
Renewal of postponement certificates. 
Provided that, if the child is s
till found to be in a state 
unfit for vaccination, the certificate granted under section nine shall be renewed. 
 
 
 
1
Subs. by the Decentralization Act, 1914 (4 of 1914), s. 2 and Sch., Pt. I, for “L.G.” . 
 
In the N.W.F.P. the reference to the Commissioner should be construed as referring to the Revenue Commissioner; 
see 
the N.W.F.P. Law and Justice 
Regulation, 1901 (7 of 1901), s.6 (1) 
(f). 
 
 
Page 
6
 
of 
9
 
 
14. Certificates of insusceptibility of successful vaccination
. If 
the Superintendent of 
vaccination is of 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 effe
ct; and the parent or guardian shall thenceforth not be required to 
cause the child to be vaccinated. 
 
15. What lymph to be used. 
The vaccination of a child shall ordinarily be performed with 
such lymph as may be prescribed by the rules to be made under th
is Act: 
 
Provided that, 
 
1st, 
if animal
-
lymph is so prescribed and the parent or guardian of any child desires that such 
child shall be vaccinated with human lymph, it shall be so vaccinated; and 
 
2nd, 
if in any local area in which animal
-
lymph is procurab
le human lymph is so prescribed, 
and the parent or guardian of any child desires that such child should be vaccinated with animal
-
lymph, 
and tenders to the vaccinator the amount of such fee, not exceeding one rupee, as may be fixed by such 
rules in this be
half, such child shall be so vaccinated. 
 
16. No fee to be charged except by private vaccinator. 
No fee shall be charged by any 
vaccinator except a private vaccinator to the parent or guardian of any child for any of the duties 
imposed on such vaccinator b
y or under the provisions of this Act: 
 
Proviso. 
Provided that it shall be lawful for a vaccinator to accept a fee for vaccinating a child 
by request of the parent or guardian elsewhere than in the circle for which such vaccinator is appointed. 
 
17. Duties
 
of Suprintendent of vaccination. Notice to parent or guardian neglecting to 
comply with Act.
 
The Superintendent of vaccination in addition to the other duties imposed on him 
by or under the provisions of this Act, shall ascertain whether all unprotected c
hildren, under the age 
of fourteen years if boys, and under the age of eight years if girls, within the local area under his 
superintendence have been vaccinated; and, if he has reason to believe that the parent or guardian of 
any such child is bound by th
e provisions hereinbefore contained to procure the vaccination of such 
child or to present it for inspection, and has omitted so to do, he shall personally go to the house of 
such parent or guardian, and there make enquiry, and shall, if the fact is proved
, forthwith deliver to 
such parent or guardian, or cause to be affixed to his house, a notice requiring that the child be 
vaccinated, or (as the case may be) that it be presented for inspection, at a time and place to be specified 
in such notice. 
 
18. Order by Magistrate when notice not complied with. 
If such notice is not complied with, 
the Superintendent of vaccination shall report the matter to the 
1
Magistrate of the District, or such 
Magistrate as the 
2
[Provincial Government] or the 1Magistrate 
of the District may from time to time 
appoint in this behalf; and the Magistrate receiving such report shall summon the parent or guardian 
of the child and demand his explanation, and shall, if such explanation is not satisfactory, make an 
order in writing
 
directing such parent or guardian to comply with the notice before a date specified in 
the order. 
 
 
 
1
Read 
District Magistrate, 
see 
the Code of Criminal Procedure, 1898 (Act 5 of 1898), s. 3(2). 
 
2
Subs. by A.O., 1937, for “ L.G.” 
 
 
Page 
7
 
of 
9
 
 
Procedure when order not obeyed. 
If on such date the order has not been obeyed, the 
Magistrate shall summon the parent or guardian before him, and unless jus
t cause or excuse is shown, 
shall deal with the disobedience as an offence punishable under section twenty
-
two. 
 
Magistrates to be non
-
official Natives. 
The Magistrates appointed under this section shall, as 
far as is conveniently practicable, be 
1
[citizen
s of Pakistan], and not paid servants of the 
2
[State]. 
 
19. Power to make rules for municipalities. 
When this Act has been applied to any 
municipality or any part thereof, the Municipal Commissioners may, from time to time, make 
3
rules 
consistent with this
 
Act for the proper enforcement of this Act within the limits to which it applies. 
Such rules shall be made in the manner in which, under the law for the time 
being in force, the 
4
[Municipal] Commissioners make rules or byelaws for the regulation of other 
matters within the limits 
of the municipality, and shall, when confirmed by the 
5
[Commissioner] and published in the official 
Gazette, have the force of law: 
 
Provided that the 
5
[Commissioner] may at any time rescind or modify any such rule
6
. 
 
20. Power to
 
make rules for cantonments. 
When this Act has been applied to any cantonment 
or any part thereof, the 
7
[Provincial Government] may, from time to time, 
8
* * * make such 
9
rules. 
 
21. What rules under sections 19 and 20 may provide for. 
The rules to be made for any local 
area under section nineteen
10
 
or twenty may, among other matters, provide for
__
 
 
(a) 
 
the division of such local area into circles for the performance of vaccinatio
n; 
 
(b) 
 
the appointment of a place in each vaccination
-
circle as a public vaccine
-
station, 
and the posting of some distinguishing mark in a conspicuous place near such 
station; 
 
(c) 
 
the qualifications to be required of public vaccinators and Superintende
nts of 
vaccination; 
 
(d) 
 
the authority with which their appointment, suspension and dismissal shall rest; 
 
(e) 
 
the time of attendance of public vaccinators at the vaccine
-
stations, and their 
residence within the limit of the vaccination
-
circles; 
 
(f) 
 
th
e distinguishing mark or badge to be worn by them; 
 
 
 
1
Subs. by A.O., 1961, Art. 2 and Sch. (with effect from the 23rd March, 1956), for “British subjects domiciled in Pakistan” wh
ich had been subs. by A. 
O., 1949, Sch., for “Natives of India”. 
 
2
Subs. by A.O., 1961, Art. 2 and Sch. (with effect from the 23rd March, 1956), for “ Crown” which had been subs. by A.O., 1937
 
for “Govt.”. 
 
3
For such rules, 
see 
the local rules and orders. 
 
4
Ins. by the Decentralization Act, 1914 (4 of 1914), s. 2 and Sch., Pt. I. 
 
5
Subs. 
ibid
., for “ LG.”. 
See 
also foot
-
note 4 below s. 8, 
supra. 
 
6
S. 19 has been replaced by another section in the Punjab by Punjab Act 9 of 1925. After this section a new sectio
n 19A has been ins. in the Punjab and 
the N.W.F.P. by Punjab Act 2 of 1929 and N.W.F.P. Act 11 of 1947, respectively. 
 
7
Subs. by A.O., 1937, for “L.G.”. 
 
8
The words “subject to the control of the G.G. in C.” rep. by the Devolution Act, 1920 (38 of 1920). 
 
9
For such rules 
,see 
the different local rules and orders. 
 
10
The word and letter “nineteen A” have been ins. at this place in the Punjab and the N.W.F.P. by Punjab Act 2 of 1929 and N.W.
F.P. Act 1 of 1947, 
respectively. 
 
 
 
Page 
8
 
of 
9
 
 
(g) 
 
the amount of fee chargeable
 
by private vaccinators, and their guidance 
generally in the performance of their duties; 
 
(h) 
 
the facilities to be afforded to people for procuring the vaccination of their 
children at their own houses; 
 
(i) 
 
the grant and form of certificates of success
ful vaccination, of unfitness for 
vaccination or of insusceptibility of vaccination; 
 
(j) 
 
the nature of the lymph to be used and the supply of a sufficient quantity of such 
lymph; 
 
(k) 
 
the fee to be paid for vaccination with animal
-
lymph under section fi
fteen; 
 
(1) 
 
the fee to be paid to a public vaccinator for vaccinating a child beyond the 
vaccination
-
circle at the request of the parent or guardian of the said child; 
 
(m) 
 
the preparation and keeping of registers showing
—
 
the names of children born 
in s
uch local area on or after the date of the application of this Act; 
 
the names of unprotected children born in such local area previous to the application of this 
Act, and who are, at the time this Act is applied, under the age of fourteen years if boys, a
nd of eight 
years if girls; 
 
the names of unprotected boys and girls respectively under those ages brought within such local 
area at any time after the application of this Act and who have resided there for a month; 
 
the result of each vaccination or its postponement, and the delivery
 
of certificates, if any; 
 
1
(n) 
 
the assistance to be given by the Municipal Commissioners and municipal 
servants in the preparation of these registers, and in other matters; and 
 
(o) 
 
the preparation of vaccination
-
reports and returns. 
 
22. Punishment of 
offences
. Whoever commits any of the underment
ioned offences (that is to 
say)
:
__ 
 
(a) 
 
violates the provisions of section six, 
 
(b) 
 
neglects without just excuse to obey an order made under section eighteen, 
 
(c) 
 
breaks any of the rules made under section nineteen
2
 
or twenty, or 
 
(d) 
 
neglects without just cause to obey an order made under section eighteen after 
having been previously 
convicted of so neglecting to obey a similar order made 
in respect of the same child, shall be punis
hed as follows (that is to say)
:
-
 
 
in the case of the offence mentioned in clause (a), with simple imprisonment for a term which 
may extend to three months,
 
or with fine which may extend to two hundred rupees, or with both; 
 
1
This clause has been amended in the Punjab and the N.W.F.P. by Punjab Act 2 of 1929 and N.W.F.P. Act 11 of 1947, respectively
, so as to include 
members of District Boards and the servant
s of those local bodies. 
 
2
The word and letter “nineteen A” have been ins. at this place in the Punjab and the N.W.F.P. by Punjab Act 2 of 1929 and N.W.
F.P. Act 1 of 1947, 
respectively. 
 
 
Page 
9
 
of 
9
 
 
in the case of the offences mentioned in clauses (b) and (c), with fi
ne which may extend to fifty 
rupees; and 
 
in the case of the offence mentioned in clause (d), with simple imprisonment for a term which 
may extend to six months, or with fine which may extend to one thousand rupees, or with both. 
 
23. Municipal funds to re
ceive fees and meet expenditure. 
The amount of all fees 
1
* * 
realized, and the amount of all expenditure incurred, under this Act in any municipality shall 
respectively be credited to and paid from the Municipal Fund
2
. 
 
 
_________
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Date: 16
-
09
-
2024
 
1
The words “and fines” rep. by A.O., 1937. 
 
2
This section has been amended in the Punjab and the N.W .F.P. by Punjab Acts 9 of 1925, and 2 of 1929, and N.W.F.P. Act 11 of 
1947, so as to include 
other local areas and funds.