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State of Madhya Pradesh - Section

Section 23 in The M.P. Chechak Tika Adhiniyam, 1968

23. Action where a child is believed to be unprotected.

(1)If a Superintendent of Vaccination has reason to believe that in the vaccination area, under his control, any, child above the age of three 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 time specified in the notice such child is not vaccinated, the superintendent shall report the matter to any Magistrate not below the rank of the First Class 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 place 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, he 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, be punished with fine which may extend to fifty rupees.
(4)If the Magistrate is of the 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 loss 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 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 both.
(6)The provisions of sub-sections (1) to (5) shall mutatis mutandis apply for the purposes of-
(a)vaccination of an unprotected adult person; or
(b)revaccination of any person; required to be performed under the provisions of this Act.