The Maharashtra Vaccination Act, 1964 Complete Act - Bare Act

[1st October 1964]

An Act to consolidate and amend the law relating to vaccination, and to provide for compulsory vaccination, and revaccination in the State of Maharashtra

WHEREAS it is expedient to consolidate and amend the law relating to vaccination, and to provide for compulsory vaccination, and in certain circumstances for compulsory revaccination, in the State of Maharashtra; It is hereby enacted in the Fifteenth Year of the Republic of India as follows, namely

CHAPTER I PRELIMINARY

(1) This Act may be called the Maharashtra Vaccination Act, 1964.

(2) It extends to the whole of the Stat e of Maharashtra.

(3) It shall come into force on such date as the State Government may, by notification in the Official Gazette, appoint.

The State Government may, by notification in the Official Gazette, suspend the operation of all or any of the provisions of this Act in the whole of the State or any part thereof for such period as may be specified in such notification.

In this Act, unless the context requires otherwise,

(a) "adult person" means a person who is not a child;

(b) "animal lymph" means vaccine taken from any animal specified in this behalf by the State Government;

(c) "appointed day" means the date on which Act comes into force;

(d) 'Thief Superintendent of Vaccination "or" Chief Superintendent" means the Chief Superintendent appointed or deemed to have been appointed under section 4;

(e) "child" means a person who has not completed eighteen years of age

(f) "guardian" means any person to whom the care, nature 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

(g) "parent" means.; in the case of a legitimate child, the father or the mother, and, in the case of an illegitimate child the mother only;

(h) "prescribed" means prescribed by rules

(i) "Public vaccinator" means any vaccinator appointed under section 6;

(j) "registered medical practitioner" means a medical practitioner registered or deemed to be registered under

(i) the Bombay Medical Act, 1912

(ii) the Central Provinces and Berar Medical Registration Act, 1916.

(iii) the Medical Registration Act

(iv) the Indian Medical Council Act, 1956, or

(v) the Maharashtra Medical Practitioners Act, 1961 and possessing any of the qualifications specified in Part A, B or D of the Schedule, to that Act

(k) "Registrar of Births" or "Registrar," means any officer or other person or authority whose duty it is,

(i) under any law for the time being in force ; or

(ii) under any bye-law or rule having the: force of law, to register births,.

(l) "register" and "registration" refer to register and registration in pursuance of any law, by-law or rule referred to in clause (k);

(m) "revaccination" means vaccination of a person who has been successfully vaccinated previously

(n) "rules" means rules made, under section, 34

(o) "Superintendent of Vaccination" or "Superintendent" means the officer appointed as such under section 7.

Provided, that, in a vaccination area no,- Superintendent has been appointed reference to Superintendent in sections 22 and 24, shall be construed as a reference to the Chief Superintendent for such vaccination area ;

(p) "unprotected child" or "unprotected adult person" means a child or,: an adult person as the case may be

(i) who has not had small-pox, either naturally or by inoculation or

(ii) who has not been successfully vaccinated or

(iii) who has not been certified or deemed to be certified under this Act or any other law for the time being in force to be .insusceptible to vaccination

(q) "vaccination circle" or "circle" means one of the circles into which a vaccination area is divided under section 5

(r) "vaccination

"vaccinator" means-

(i) a public vaccination appointed under section 6 by the, Chief Superintendent of Vaccination ;

(ii) a registered medical practitioner;, or

(iii) a medical practitioner to whom a vaccination's licence is issued under section 9

CHAPTER II ESTABLISHMENT

(1) With effect from the appointed day,

(a) in relation to the limits of

(i) the Municipal Corporation of Greater Bombay, the Municipal Commissioner for Greater Bombay ;

(ii) the Municipal Corporation of a City constituted under the Bombay Provincial Municipal Corporations Act, 1949 the Municipal Commissioner for that City

(iii) the, Municipal Corporation of the City of Nagpur the Municipal Commissioner for the City of Nagpur.

(iv) a Zilla Parishad, the Chief Executive Officer for that Zilla Parishad; and

(v) a Municipal Borough, District Municipality, Municipal Committee, Town Committee or Notified Area Committee, the Chief Executive Officer (by whatever name called) for the local authority concerned, shall, for the purpose of this Act, be deemed to be appointed Chief Superintendents of Vaccination ; and

(b) in relation to the limits of a Cantonment Board, the State Government shall, by notification in the Official Gazette, appoint such person to be Chief Superintendent of Vaccination for the purposes poses of this Act as may be specified in the said notification.

(2) The local areas under their respective jurisdiction shall be deemed to be the vaccination areas under the control of the relevant Chief Superintendents.

(1) Subject to rules made in this behalf, every Chief Superintendent of Vaccination shall divide the vaccination area under his control into such number of vaccination circles, and establishment in each circle such number of public vaccination stations and at such places, as he may consider necessary

(2) The limits of each circle and the location of each public vaccination station- so established shall, from time to time, be notified in the prescribed manner.

(1) The Chief Superintendent shall appoint for each vaccination circle, such number of public vaccinations as he may consider necessary and notify in the prescribed manner the days and hours fixed by him for their attendance at each station.

(2) No person shall be appointed a public vaccination unless he possesses such qualification or certificate or satisfies such conditions, as may be prescribed.

(1) The Chief Superintendent may, if he considers it necessary, and shall, if so required by the State Government, appoint, Superintendent of Vaccination, and such number of Assistant Superintendents of Vaccinators to assist the Superintendents for the purpose of general control over and inspection of all the proceedings of the public vaccinators in such number, of circles as the Chief Superintendent may deem fit to keep under the control of the Superintendents.

(2) Each Superintendent and Assistant Superintendent shall perform such duties as may be prescribed by or under this Act, or as may 'from time to time be required by the Chief Superintendent.

Every public vaccinator, unless especially permitted by the chief Superintendent to reside elsewhere, shall reside within the vaccination circle for which he is appointed, and shall cause his name, with the addition of the words "Public Vaccinator for the circle of the " to be posted in some conspicuous place on or near the outer door of his house, and of every public vaccination station in his circle.

The Chief Superintendent; of vaccination may subject to the rules made in this behalf, and of a prescribed fee, issue a vaccinator's 1icence in the prescribed form to a medical practitioner, other than a registered medical practitioner.

(1) Every unprotected adult person who has not been successfully vaccinated, shall get himself vaccinated by a vaccinator -

(a) if, he is residing, on the appointed day, with in. the, limits of a vaccination area within a period of six months after that day (or such further period if exceeding twelve months in the aggregate as the State Government may by notification in the Official Gazette specify), and

(b) if he enters any such area after the appointed day - within a period of three months from the date of his entry in that area or the period referred to in clause (a), whichever is later.

(2) It shall be the duty of a parent of an unprotected child who has not been successfully vaccinated, (or the case of a the care of a guardian, of the guardian or child) and who is born within the limits of a vaccination area, or who is brought within such limits

to reside whether temporarily or permanently, to take the child or cause it to be taken to a vaccinator to be vaccinated within the relevant time limits hereinafter specified, that is to say, in the case of

(a) a child living on the appointed day within the said limits

(i) if on such day the child is less than three months old - within six month after its birth ; or

(ii) if on such day the child is three months or more than three months old-within three months from such day

(b) a child brought after the appointed day within the said limits-

(i) if the child is less than three months old-within six months after its birth ; or

(ii) if the child is three months or mere than three months old- within three months of its arrival the said limits

(c) a child born after the appointed, day within the said limits- within six months after birth.

(1) When a child is brought to a vaccinator for the purpose of vaccination, or a vaccinator attends a child at its residence, he shall first ascertain whether the child has had small-pox, either naturally or by inoculation and, on being satisfied that he has had small-pox he shall forthwith deliver to the parent or guardian of such child a certificate insusceptibility, in the pre scribed form under his signature; and the parent or guardian of such child shall not henceforth be required to cause the child to be Vaccinated.

(2) If the child has not had small-pox already, the vaccinator shall examine the child, and if after such examination he is of opinion that-

(a) the child is in a fit state of health to be vaccinated, he shall, with all reasonable dispatch but subject to the conditions prescribed by or under this Act, vaccinate the child; or

(b) the child is not in a fit state of health to be vaccinated, he shall forthwith, deliver to the parent or guardian of such child a certificate of unfitness for vaccination in the prescribed form under his signature.

(3) The certificate of unfitness for vaccination aforesaid, shall remaining force of months only from the date it is delivered, but shall be renewable for successive periods of; two months, if the child continues to be in an unfit state of health for vaccination. On or before the date of the expiry of the period of the certificate or the renewed certificate, as the case may be, the parent or guardian shall take the child or cause the child to be taken to a vaccinator, who shall then re-examine the child, and if the child is still not in a fit state of health to be vaccinated, renew the certificate for a further period of two months; otherwise he shall, with all reasonable dispatch, vaccinate the child.

(1) When a vaccinator vaccinates a child, he shall deliver to its parent or guardian a memorandum, in the prescribed form, requiring such parent or guardian to bring the child to him at a reasonable hour on the same day in the .week following immediately after the day on which the vaccination is performed, for the purpose of inspecting and ascertaining the result of the vaccination.

(2) If on such inspection, the vaccinator is satisfied that the vaccination has been successful, he shall deliver to the parent or guardian a certificate of successful vaccination, in the prescribed form.

(3) If on such inspection, the vaccinator is satisfied that the vaccination is not successful, such parent or guardian shall, if the vaccinator so directs, cause the child to be forthwith again vaccinated; and thereafter, the procedure specified in sub-section (1) shall be followed for a second time.

(4) The procedure specified in sub-section (3) shall, in the event of the vaccination being unsuccessful on the second occasion, be followed for a third and last time.

(5) If the vaccinator finds that the vaccination of a child is unsuccessful for the third time, and the child is insusceptible of successful vaccination, he shall deliver to the parent or guardian of such child a certificate of insusceptibility to successful vaccination in the prescribed form under his signature, and the parent or guardian of such child shall not henceforth be required to cause the child to be vaccinated.

If a child, or its parent or guardian is not in a fit state of health to be taken to, or to go to, a public vaccination station for vaccination or inspection, the parent or guardian may, on payment of such fee as may be prescribed, require a public vaccinator to attend the child at its residence for the purpose of vaccination or, as the case may be, inspection.

The provisions of sections 11, 12 and 13 shall mutatis mutandis apply for the purpose of the vaccination of an unprotected adult person, but the adult person concerned shall him self be liable to comply with those provisions and to be punished for any contravention thereof.

VACCINATION OR REVACCINATION DURING EPIDEMIC

(1) If at any tithe, the State Government is satisfied that any local area is visited by, or is threatened with, an outbreak of small-pox epidemic, the State Government may, by notification in the Official Gazette, declare such area to be an area of compulsory protection from small-pox.

(2) While such declaration is in force, it shall be the duty of every adult person, and, in the case of every child above the age of six months, of its parent or guardian, residing in or entering such area, to get himself or such child (if unprotected) vaccinated or (if not

unprotected) revaccinated, as the case may be, in accordance with the provisions of this Act, within such period as may be specified in such notification

Provided that, if in respect of an adult person or a child,-

(a) a certificate of insusceptibility is issued under sub-section (1) of Section 11 or under any other law for the time being in force; or

(b) a certificate of insusceptibility to successful vaccination is issued under sub-section (5) of section 12 or under any other law for the time being in force ; or

(c) a certificate of successful vaccination or of revaccination is issued under this Act or any other law for the time being in force, not earlier than six months immediately preceding the date of publication pf such notification in the Official Gazette; 1

(d) the individual fulfills such condition as may be prescribed for the prevention of his. being a source of infection to other persons, including conditions which require steps to be taken for quarantine or isolation during any period, or require that his visit to the arpa of compulsory protection does not exceed the prescribed period .at any time so that he, is not likely to be a source of infection, or that he Fulfils any other conditions which in the opinion of the State Government ensures the protection of other persons from infection, such adult person or child shall not be required to, be vaccinated or revaccinated, as the case may be.

(3) When an adult person or child comes to or is brought before a vaccinate or a vaccinate or attends at the residence of such person or child, for the purpose of revaccination, the provisions of sections 11 and 13 shall mutatis mutandis apply. When a vaccinator revaccinates an adult person or a child, he shall deliver to such person, or to the parent or guardian of such child, as the case may he, a certificate of revaccination, in the prescribed form.

Subject to such rules as the Inspector General pf Prisons, with the sanction of the State Government, may make in this behalf, and to such exemptions as the State Government may, from time to time, by either a general or special order authorise person confined in any of the cases hereinafter mentioned, whatever the age or sex of such person, and whether such person consents or not, shall be vaccinated or revaccinated; that is to say in the case of every person in respect of whom

(a) imprisonment for more than one month has been awarded as part of the substantive sentence of a criminal court; or

(b) a criminal court has directed imprisonment, in default of payment of fine for a term which, if the fine he not sooner paid, will exceed one month; or

(c). a court or Magistrate has directed imprisonment for failure to give security for good behaviour for a term which, if security be not sooner given, will exceed one month; or

(d) an order has been made under either section 466 or section 471 of the Code of Criminal Procedure, 1898 for the detention of the accused in a lunatic asylum.

No public vaccinator shall accept or obtain, or agree to accept, or attempt to obtain, for himself or for any other person, any fee or other remuneration for any certificate delivered under this Act, or the rules made thereunder, or for any vaccination or-revaccination done by him in pursuance of this Act at a public vaccination station

Provided that, it be lawful for a public vaccinator to accept, for vaccinating or revaccinating a child or an adult person, by request of the parent or guardian of such child or of such adult person, elsewhere than at a public vaccination station, a fee not exceeding such maximum amount as may be prescribed.

CHAPTER IV RECORD OF VACCINATION

(1) Wherever in a vaccination area a Registrar of Births registers the birth of any child, he shall forthwith deliver to the person giving information of such birth, a notice in the prescribed form, and shall attach thereto forms of certificates required to be issued by a vaccinator under this Act.

(2) The Registrar shall enter in a book to be kept by him in the prescribed form, minutes of ail notices issued by him under sub section (1).

(1) Within twenty-one days after the delivery of any certificate under section 11 or 12 or section 14 read with section 11 or 12, the vaccinator or other officer who delivered such certificate shall for ward a duplicate thereof .

(a) if the place of birth of the person in whose respect such certificate was issued can be ascertained,, to the Registrar of Births of such place ; or

(b) in any other case, to the Registrar of the place where the person was vaccinated or presented for vaccination.

(2) On receipt of a duplicate of any certificate referred to in sub section (1), the Registrar shall register such duplicate in the book specified in sub-section (2) of section 18.

Every Registrar shall keep a duplicate of the register of births which it is his duty to keep under the provisions of any law for the time being in force in the State, with such columns added thereto as the State Government may from time to time direct, and record in the register the date of every duplicate certificate of successful vaccination or of insusceptibility, as the case may be, received by him under section 19 concerning any person and make an entry in the duplicate register to the effect that the person has been vaccinated or revaccinated, or is insusceptible of vaccination, as the case may be.

Every Registrar shall keep a register of vaccinations postponed under section 11 or section 14, in the prescribed form, and record therein-

(a) the name of every person in whose respect he receives a duplicate of the certificate of unfitness for the purpose of vaccination:

(b) the date of such certificate

(c) the date of every renewed certificate of unfitness received, if any; and

(d) the number and year of the entry, if any, in the register of births in which the birth of such person has been registered.

Every Registrar in a vaccination area shall forward, on the first day of every month, to the Superintendent concerned a return in the prescribed form, of all cases in which duplicate certificates have not been received by him under section 19

CHAPTER V OFFENCES, PENALTIES AND PROSECUTIONS

(1) Whoever contravenes, or fails to comply with any provisions of, or any requisition made under. -

(a) clause (1). or (2) of section 10

(b) sub-section (3) of section 11;

(c) sub-section (1), (3) or (4) of section 12

(d) section 14 read with relevant provisions of section 11 or 12; or

(e) sub-section (2) of section 15 or sub-section (3) thereof read with relevant provisions of section 11, shall, on conviction, be punished with fine which may extend to one hundred rupees ; and if such contravention or failure to comply is continued after such conviction, with an ad4itional fine which may extend to five rupees for each day on which, such contravention or failure is continued.

(2) Any public vaccinator who contravenes any provisions of-

(a) section 17 shall, on conviction, be deemed to have committed an offence punishable under section 161 of the Indian Penal Code;

(b) sub-section (1)of section 19 shall, on conviction be punished with fine which may extend to one hundred rupee:

(1) If a superintendent of Vaccination, has reason to believe that in the vaccination area under his control any child above the age of six months is an unprotected child, he shall give in the prescribed manner to the parent or guardian of such child a notice in the prescribed form and shall within such time as may be specified in the notice, require such parent or guardian to get the child vaccinated.

(2) If within the specified in the notice such child is not vaccinated, the State shall report the matter to any Executive, Magistrate not below the rank of a Taluka Magistrate having jurisdiction, The Magistrate receiving such report may-

(a) summon the parent or guardian of such child to appear with the child before him, or

(b) where he is satisfied that such parent or guardian has no fixed plade of abode, issue a warrant for his arrest and production before him

If the Magistrate finds, after such examination or enquiry, as he deems necessary, that the child is an unprotected child, the Magistrate may make an order directing such child to be vaccinated within such time not exceeding two months as he may specify in the order.

(3) If at the expiration of the time specified in the order made under sub-section (2),the child is not vaccinated or is not shown to be then unfit to be vaccinated, or to be insusceptible of vaccination, the person upon whom such order is made shall, unless he can show to the Magistrate some reasonable ground for his omission to carry the order into effect, on conviction, be punished with fine which may extend to fifty rupees.

(4) If the Magistrate is of opinion that the person is improperly brought before him, and if he refuses to make an order under sub section (2) for the vaccination of the child, he may order the informant to pay to such person such sum of money as he shall consider a fair compensation for his expenses and Foss of time in attending before the Magistrate.

(5) If any parent or guardian intentionally omits to produce a child whom he has been summoned to produce under sub-section (2) he shall, on conviction, be punished with simple imprisonment for a term which may extend to three months, or with fine which may extend to one thousand rupees, or with

(6) The provisions of sub-sections (1) to(S) shall mutatis mutandis apply for the purposes of-

(a) vaccination f an unprotected adult person ; and

(b) re-vaccination of any person, required to be performed under the provisions of this Act.

Whenever vaccinator is required to deliver to any parent, guardian of a the case may be, any certificate under this Act and such vaccinator neglects so to deliver the certificate; he shall be punished with fine which may extend to fifty rupees

Whoever wilfully signs, or makes or procures the signing or making of, a false certificate or duplicate under this act shall on conviction be punished with imprisonment for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both.

(1) No person shall produce, or attempt to produce, in any person, by inoculation with matter or by wilful exposure to variolous matter or to anything impregnated therewith, or wilfully by any other means produce the disease of small-pox in any person.

(2) Whoever contravenes the provisions of sub-section (1) shall, on conviction, be punished with imprisonment for a term which may extend to three months, or with fine which may extend to two hundred rupees, or with both.

(1) No court other than the Court of a Presidency Magistrate or a Magistrate of the First Class, shall take cognizance of or try any offence under this Act..

(2) No court shall take cognizance of any offence under this Act, unless the prosecution is instituted by order of or under authority from, a Taluka Magistrate, the Chief Superintendent of Vaccination or a Superintendent of Vaccination.

In any prosecution for neglect to procure the vaccination of a child it shall not be n in support thereof to prove that the, defendant had received notice from a Registrar of Births, or any officer, of the requirements of the law. in this respect, but, if the defendant produces any certificate under section 11 or 12, or the duplicate of the register of births or the register of postponed vaccinations kept by any Registrar as hereinbefore provided, in which such certificate is duly entered, the same shall be a sufficient defence for him, except in regard to the certificate regarding' unfitness for the purpose of vaccination, when the time specified therein for the postponement of the vaccination has expired before the time when this information has been laid.

CRAPTER VI MISCELLANEOUS

The State Government may, form time to time, direct any of its officers to supervise and inspect, the vaccination and revaccination work organised in any area, and require the Chief Superintendent for that area to follow such directions as the officer may, from time to time, give.

Where any of the certificates delivered under this Act to any person is lost or defaced, he shall be entitled to have, on payment of the prescribed fee, a certified copy of the certificate from the vaccinator or other officer who delivered it.

The Chief Superintendent shall from time to time supply on demand -

(a) to every vaccinator copies of forms of certificates or memorandum required to be delivered under this Act and of such books or registers as the Chief Superintendent may from time to time require the vaccinator to keep ; and

(b) to every Registrar of Births copies of forms of "notice and book required under section 18 and of register of postponed vaccinations under section 21.

It shall be the duty of every Registrar of Births in a vaccination area to show in any annual general abstract f births prepared by him the number of children successfully vaccinated, the number whose vaccination has been postponed, and the number certified to be insusceptible of successful vaccination, during, the year.

(1) The State Government may, by notification in the Official Gazette, and subject tb the condition of previous publication, make rules to carry out the purposes of this Act.

(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 division of a vaccination area into circles, the manner of notifying the limits of vaccination circles and the locations of public vaccination stations under section 5, and of notifying the days and hours of attendance of the public vaccinators at the public vaccination stations under section 6

(b) the qualification or certificate to be required of or condition to be satisfied by a person for being appointed as a public vaccinator under section 6

(c) the duties of Superintendent and Assistant Superintendent under section 7;

(d) the fee and other conditions for the issue of, and the form of, licence under section 9;

(e) the forms of certificates to be delivered and the conditions subject to which a child may be vaccinated under section 11;

(f) the form of memorandum and certificate under section 12

(g) the fees to be paid to a public vaccinator under sections 13 and

17

(h) the forms of certificates under sections 14 and other relevant provisions of this Act under section15 read with

(i) the form of notice and book under section 18

(j) the form of register under section 21

(k) the form of return under section 22;

(1) the form of and the manner of giving notices under section 24;

(m) the fee for certified copy of any certificate under section 31;

(n) any other matter which is to be or may be prescribed;

(o) for the furtherance of any of the objects of this Act.

(3) Every rule made under this section shall be laid as soon as may be after it is made before each House of the State Legislature while

is in session for a total period of thirty days which maybe comprised in one session or in two successive sessions, and if, before the expiry of the session in which it is so laid or the session immediately following, both Houses agree in making any modification in the rule or both Houses agree that the rule should not be made, and notify such decision in the Official Gazette, the rule shall from the date of publication of such notification have effect only in such modified form or be of no effect, as the case may be; so however that any such modification or annulment shall be without prejudice to the validity of anything previously done or omitted to be done under that rule.

CHAPTER VII REPEAL AND SAVING PROVISIONS

On the appointed day, (a) the Bombay Vaccination Act, 1877;

(b) the Vaccination Act, 1880, in its application to the Vidarbha Region of the State

(c) the Bombay District Vaccination Act, 1892, in its application to the Bombay area of the State; and

(d) the Hyderabad. Vaccination Act, 1951, in its application to the Hyderabad area of the State shall stand repealed.:,

Provided that; such repeal shall not affect

the previous operation of any enactment so repealed; any right, privilege, obligation or liability acquired, accrued or incurred, under any enactment so repealed; (iii) any penalty or punishment incurred in respect of any offence committed against any enactment so repealed or

(iv) any investigation, legal proceeding or remedy in respect of any

Provided further that, subject to the preceding proviso, anything done or any action taken (including any appointment or delegation made, notice given., certificate issued, book or register maintained, or licence; granted under any enactment so repealed, shall, is o far as it is not in consisted with the provisions of this Act, be deemed to have been done or taken under the corresponding provisions of this, Act, and shall continue to be in force accordingly, unless and until superseded by anything done or any action taken under this Act

Provided also that, the rules and forms prescribed by under the Bombay District Vaccination Act, 1892, and in force on the appointed day, shall in so far as they are not inconsistent with the provisions of this Act, be deemed to be the rules made under section 16 or 34 of this Act, as the case may be, for the whole of the State with effect from that date

These rules may be called the Maharashtra Vaccination Rules,

1966.

In these rules, unless the context requires otherwise

(a) "Act" means the Maharashtra Vaccination Act 1964;

(b) "Form" means a Form appended to these rules;

(c) "population" means the population as ascertained at the last preceding census of which the relevant figures have been published;

(d) "rural area" means a local area which is not p urban area;

(e) "section" means a section of the Act;

(f) "urban area" means an area included within the limits of a Municipal Corporation, Municipal Council or a cantonment constituted or established by or under any law for the time being in force.

A Chief Superintendent of Vaccination in dividing the vaccination area under his control into vaccination circles and in establishing public vaccination stations in each such vaccination circle, shall have due regard to the following factors, that is to say -

(a) there shall not as far as possible be less than one public vaccinator for every 15,000 of the population in a rural area, and 25,000 of the population in an urban at . .

(b) the area of each vaccination circle, in a rural area shall not as far as possible be more than one-fourth of the area Of a taluka;

(c) the., number of public, vaccination stations, in charge of each public vaccination shall not as far as possible more than three in a rural area, and more than four in an urban area;

(d) public vaccination startups shall be established in a vaccination circle so however that the distance between any two such stations does not as far as possible exceed eight kilometres rural area and three kilometres in an urban area.

(1) The public vaccination stations, shall as far as possible be established in such places as are easily accessible to the members of the public.

(2) In a rural area such stations may be established in the office of a village panchayat, Sale and Purchase Union, Co-operative Society or Primary Health Centre or in a village chavdi or a villagelibrary, Government dispensary or such other public place.(3) In an urban area such station may be established in any Health Centre, municipal dispensary or hospital, charitable medical institution, police station or such other public place.

The limits of each vaccination circle, the location of each public vaccination station in each circle, the name and add of the public vaccinator in charge of each public vaccination circle, the days on which and the time at which each public vaccination station shall be open for the purpose of vaccination shall be notified on the board in the office Of the Chief Superintendent and of the Superintendent and Assistant Superintendent of Vaccination, if any, for the vaccination area; and such information shall also be printed on the reverse of the notice issued under sub-section (1) of section 18.

Appointment to posts of public vaccinators shall be made from amongst persons-

(a) who have appeared for the Secondary School Certificate Examination with English as one of the subjects (irrespective of whether they have passed or failed in the examination) and have obtained the Vaccinator's Training Certificate issued by the State Government, the Bombay Municipal Corporation or the Poona Municipal Corporation of such institution as may be approved by the State Government in this behalf, or

(b) who possess the Sanitary Inspector's qualification recognised by the State

Government:

Provided that, the candidates posssessing the Sanitary Inspector's qualification shall be given preference.

It shall be the duty of the Superintendent and Assistant Superintendent of Vaccination in respective vaccination area,-

(a) to give directions and to supervise the work of public vaccinations;

(b) to recommend leave to the vaccination staff and to make suitable arrangements in leave vacancies;

(c) to investigate cases of small-pox and chicken-pox and to organize preventive measures against small-pox in accordance with such directions as may have been issued in this behalf; and

(d) to arrange practical training in vaccination of medical students, nurses and other medical staff.

(1) A person desiring to have a vaccinator's licence shall apply to the Chief Superintendent who shall, if the applicant possesses the qualifications prescribed therefor, grant him a licence in Form ˜A' for a period of three years, on payment of a fee of rupees fifteen.

(2) The Chief Superintendent may, on application by the licensee and on payment of a renewal fee of rupees five, renew the licence for a like period.

No vaccinators' licence shall be granted to a medical practitioner, unless he has

(a) received theoretical training in vaccination for a period of at least one month:

(b) been in medical practice for such period which in the opinion of the Chief Superintendent is sufficient.

(1) The Chief Superintendent may for reasons to be recorded in writing cancel or suspend any licence granted under section 9 if the licensee has made a default in the performance of the duties as a vaccinator; or has misused the licence:

Provided that no such licence shall be cancelled or suspended except after an inquiry and the licensee has been given a reasonable opportunity of being heard.

(2) Any vaccinator aggrieved by the order of the Chief Superintendent under sub-rule (1) may, within sixty days from .the date of receipt of the order, appeal to the State Government.

Where any licence granted under these rules is lost or destroyed, a duplicate copy thereof may be furnished to the holder of the licence by the Chief Superintendent of Vaccination on payment of a fee of rupees five.

(1) The certificate of insusceptibility under sub-section (1) of section 11 and under section 14 read with the sub-section (1) of the said section 11 shall be in Form ˜B';

(2) The certificate of unfitness for vaccination under sub-section (2) of section 11 and under section 14 read with the sub-section (1) of the said section 11 shall be in Form ˜C';

(3) The memorandum to be delivered under sub-section (1) of section 12 and under section 14 read with the sub-section (1) of the said section 12 shall be in Form D

(4) The certificate of successful to be delivered under sub-section (2) of section 12 and under section 14 read with the sub-section (2) of the said section 12 shall be in Form ˜E';

(5) The certificate of insusceptibility to successful vaccination to be delivered under sub-section (5) of section 12 and under section 14 read with the sub-section (5) of the said section 12 shall be in Form ˜F';

(1) Where a public is required to attend a child or an adult person at the residence of child or adult person for the purpose of vaccination or inspection under section 13, a fee Of rupee two shall be payable for vaccination and a fee of rupee one shall be payable for revaccination per child or adult person:

Provided that, the fee to be so charged at any one time hi respect all the children or adult persons in any one family shall not exceed rupees four.

(2) The fees mentioned in sub rule(1) shall also be treated a maximum fees for the purposes of the proviso to section 17.

The notice to be delivered by a Registrar of Births under sub-section (1) of section 18 shall be in Form ˜G' and the book to be kept by him under sub-section (2) of that section shall be in Form ˜H'.

The register of postponed vaccinations to be kept by a Registrar under section shall be in Form ˜I';

The return to be forwarded by a Registrar to the Superintendent under section 22 shall be in Form P

(1)The notice to the parent or guardian of an unprotected child under sub-section (1) of sect 24, shall be in Form ˜K'. Such notice shall be given by tendering it personally to such parent or guardian and a receipt obtained from him, in token of him receiving the same

(2) If such person is not found or if it is not practicable to be sent by personal delivery, it shall be sent to his last known address by registered post.

(3) If such person refuses to accept the notice or if a notice sent by post is returned undelivered, the notice shall be given by causing it to be affixed on the front door of the place of residence of such person

The fee payable for a certificate copy of any certificate under section 31 shall be rupees two.