CHAPTER 150
MUHIMBILI NATIONAL HOSPITAL ACT

[PRINCIPAL LEGISLATION]

ARRANGEMENT OF SECTIONS

   Section

Title

PART I
PRELIMINARY PROVISIONS

   1.   Short title.

   2.   Interpretation.

PART II
THE ESTABLISHMENT OF THE MUHIMBILI NATIONAL HOSPITAL

   3.   Establishment of the Hospital.

   4.   Functions of the Hospital.

   5.   Control and management.

PART III
ADMINISTRATION

   6.   The Board of Trustees.

   7.   Powers and duties of the Board.

   8.   Executive Director.

   9.   Staff and other employees.

   10.   Superannuation benefits.

   11.   Directorates, departments or divisions of the Hospital.

   12.   Discipline

PART IV
FINANCIAL PROVISIONS

   13.   Funds and resources of the Hospital.

   14.   Block grants.

   15.   Annual estimates.

   16.   Investment.

   17.   Powers of the Board to borrow money.

   18.   Accounts and audit.

   19.   Laying of reports to the National Assembly.

PART V
MISCELLANEOUS PROVISIONS

   20.   Remuneration of members of the Board.

   21.   Committees of the Board.

   22.   Minister may give directions to the Board.

   23.   Liabilities of members of the Board.

   24.   Regulations.

PART VI
REPEAL, VESTING AND TRANSITIONAL PROVISIONS

   25.   Dissolution of the former centre.

   26.   Vesting of assets and liabilities.

   27.   Transitional period.

   28.   Appointment of Transition Management Committee.

   29.   Provisions regarding the former centres' employees.

   30.   Provisions applicable to transferred staff.

   31.   Continuation and completion of disciplinary proceedings.

   32.   [Repeal of Act No. 17 of 1976.]

SCHEDULE

CHAPTER 150
THE MUHIMBILI NATIONAL HOSPITAL ACT

An Act to establish the Muhimbili National Hospital, to repeal the Muhimbili Medical Centre Act, 1976, to make transitional provisions on such repeal and for other related matters.

[1st October, 2000]
[G.N. No. 290 of 2000]

Acts Nos.
5 of 2000
5 of 2002

PART I
PRELIMINARY PROVISIONS (ss 1-2)

1.   Short title

   This Act may be cited as the Muhimbili National Hospital Act.

2.   Interpretation

   In this Act, unless the context requires otherwise–

   "assets" includes all property movable or immovable and all assets, easements and rights whether equitable or legal in, to or out of property, chooses-in-action, money and goodwill;

   "Board" means the Board of Trustees established by section 6;

   "Committee" means the Transition Management Committee established by section 28;

   "Executive Director" means the Chief executive of the Hospital appointed under section 8;

   "former centre" means the Muhimbili Medical Centre established under the Muhimbili Medical Centre Act *;

   "Hospital" means the Muhimbili National Hospital established by this Act;

   "liabilities" means liabilities debts, charges and obligations of every description whether present or future, actual or contingent and whether payable to be observed or performed in the United Republic or elsewhere;

   "Minister" means the Minister responsible for health;

   "rights" means all rights, powers, privileges and immunities, whether actual, contingent or prospective;

   "University" means the Muhimbili University College of Health and Allied Sciences established under the Muhimbili University College of Health Sciences Act *;

   "vesting date" means the date on which assets and liabilities to which the former Centre was entitled or subject to, are transferred to and vested in the Hospital or the University.

PART II
THE ESTABLISHMENT OF THE MUHIMBILI NATIONAL HOSPITAL (ss 3-5)

3.   Establishment of the Hospital

   (1) There is hereby established an autonomous institution to be known as the Muhimbili National Hospital.

   (2) The Hospital shall be a body corporate and shall–

   (a)   have perpetual succession and an official seal;

   (b)   in its corporate name, be capable of–

      (i)   suing and being sued;

      (ii)   taking, purchasing or otherwise acquiring, holding, charging and disposing of property, movable or immovable; and

      (iii)   entering into contracts and doing and performing all other things or acts for the proper performance of its functions under this Act or any other written law which may lawfully be done or performed by a body corporate.

4.   Functions of the Hospital

   (1) The functions of the Hospital shall be to–

   (a)   assume responsibility for the control and management of any other hospital as may be vested in the hospital under this Act or any other written law;

   (b)   undertake medical care of out-patients and in-patients in accordance with medical ethics;

   (c)   stimulate and promote programs for the improvement or advancement of health and general welfare of the people of the United Republic;

   (d)   assist the Government and other public organizations or institutions in the formulation, implementation, review and revision of health education programs for the benefit of members of the public;

   (e)   equip and manage the hospital as a national consultant and teaching hospital;

   (f)   provide services of a kind normally provided by consultants and teaching hospitals;

   (g)   act as a national referral hospital;

   (h)   make provision for places and centers of learning, education, training and research in medical science and any other related subjects as the Board may, from time to time, decide;

   (i)   carry out programs for the training of health personnel as may, from time to time, be assigned to the hospital on the direction of the Government;

   (j)   provide conducive environment and facilitate the training of health personnel by universities of health and allied sciences or any other health training institution;

   (k)   prepare students for such examinations as may be conducted by relevant competent authorities in respect of subjects included in training programs carried out by the hospital under subparagraph (i);

   (l)   provide advisory, consultancy and other services to the Government, organisations and individuals with respect to the orderly development of medical services, health and general welfare amenities in the United Republic;

   (m)   undertake, either alone or in association with any other person or body of persons within or outside the United Republic, the development or production of pharmaceuticals reagents, medical instruments and equipment;

   (n)   provide diagnostic services and services connected with the repair and maintenance of hospital and laboratory equipment;

   (o)   assist the Government and other public institutions in the formulation and carrying out of measures connected with quality assurance of health services;

   (p)   conduct health research and kindred matters; and

   (q)   perform such other functions as are conferred upon the Hospital by or under this Act or any other written law.

   (2) In the performance of its functions, the Hospital shall enter into contracts or memorandum of understanding with other hospitals, colleges or institutions of health sciences for organising teaching and research activities and integrating them with clinical work.

   (3) The Board shall abide by any terms and conditions of service agreement which it may enter between itself and the Government, regarding the discharge of the functioning of the Hospital.

   (4) Without prejudice to the generality of subsection (3), the terms and conditions of service agreement may include–

   (a)   mechanisms for determining the amount for the block grants;

   (b)   modalities of administration of the specified hospital;

   (c)   development and running of health programs, consultancies, research, projects etc;

   (d)   providing for effective quality assurance of service; and

   (e)   providing funds for development expenditure of the Hospital.

   (5) The Hospital shall be granted a right of occupancy over the land over which a specified hospital exists upon such terms and conditions set out in the relevant laws.

   (6) Until a right of occupancy is granted, it shall be lawful for the Hospital to exercise in relation to the land over which a specified hospital exists all the rights necessary for the performance of its functions which the owner of a right of occupancy may lawfully exercise over land comprised in a right of occupancy granted to him, and the fact that no right of occupancy has been granted to the Hospital shall not affect the validity of anything done or omitted bona fide by any person in the execution or purported execution of his duties under this Act.

   (7) No fee or duty shall be charged or payable in respect of the issue to the Hospital of a certificate in respect of a right of occupancy granted in accordance with this section.

   (8) The Board may enter into a memorandum of understanding which shall be mutually negotiated, agreed upon and signed between the Hospital and any other body hospital, institution or organisation whereby the Hospital and respective body as the case may be, shall agree on the terms and conditions of managing or handling affairs or matters of mutual interest especially related to the handling of patients which may benefit or may be of concern to the respective organisations.

   (9) Without prejudice to the generality of subsection (8), the terms and conditions of the memorandum of understanding depending on the nature of the institution, college, hospital or university as the case may be shall include–

   (a)   modalities by the Hospital to the respective organizations to avail the academic members of staff to the Hospital for rendering services to patients in the Hospital;

   (b)   modalities by the Hospital to the respective organizations to avail the Hospital for teaching and research purposes;

   (c)   agreement on the use, funding and management of facilities which by their character or actual use must be shared between the hospital and respective organizations;

   (d)   agreement on methods of amicable settlement and resolution of disputes that may arise between the Hospital and respective organizations; and

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