West Bengal Vaccination Act, 1973
No: 37 Dated: Sep, 19 1973
THE WEST BENGAL VACCINATION ACT, 1973
West Bengal Act XXXVII of 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 as follows: -
1. Short title, extent and commencement. - (1) This Act may be called the West Bengal Vaccination Act, 1973.
(2) It extends to the whole of West Bengal.
(3) It shall come into force on such date as the State Government may, by notification, appoint.
2. Definitions. - In this Act, unless there is anything repugnant in the subject or 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;
(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 case, 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;
(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 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 ;
(l) "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.
3. Duties of parents or guardians regarding vaccination of children. - (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.
4. Unprotected person to get himself vaccinated. - (1) Any 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.
5. Duty of vaccinator. - A vaccinator to whom any unprotected child is brought or any unprotected person comes for vaccination shall with all reasonable despatch vaccinate such child or such person.
6. Attendance for ascertaining results of vaccination. - 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.