CHAPTER 152
MEDICAL PRACTITIONERS AND DENTISTS ACT
[SUBSIDIARY LEGISLATION]
INDEX TO SUBSIDIARY LEGISLATION
RULES
(Section 14(1)(b))
G.N. No. 180 of 1968
1. These Rules may be cited as the Medical Practitioners (Conditions Pre-requisite to Registration) Rules.
2. An applicant for registration under section 14 of the Medical Practitioners and Dentists Act * shall be entitled to registration under the Act if he satisfies the Council that he has–
(a) after passing the examination held for the purpose of obtaining his qualifying diploma and fulfilling such other requirements, if any, as may be necessary to obtain the diploma, been engaged in full-time employment in a supervised medical capacity in one or more hospitals or institutions approved for the purpose by the Council for a period of not less than twelve months, of which period he has for not less than six months been engaged in medicine and for not less than six months been engaged in surgery, and his service while so employed has been satisfactory:
Provided that any period not exceeding six months during which he has been engaged in midwifery shall be regarded either as time spent in medicine or as time spent in surgery or partly as the one and partly as the other as the applicant may elect; and
(b) after completing the period of employment in a supervised medical capacity as required by paragraph (a) he has worked as a medical practitioner in one or more hospitals or institutions approved for the purpose by the Council for a period of not less than three years.
3. Notwithstanding the provisions of rule 2 the Council may, in its absolute discretion, exempt any applicant from the requirements specified in paragraph (a) of rule 2 or paragraph (b) of rule 2 or both such paragraphs or may modify the requirements of either or both of such paragraphs in relation to the applicant if it is satisfied that the applicant has–
(a) after passing the examination held for the purpose of obtaining his qualifying diploma and fulfilling such other requirements, if any, as may be necessary to obtain that diploma, been engaged in the practice of medicine under such circumstances and for such period as in the opinion of the Council are sufficient to confer experience of the practice of medicine and surgery or of medicine, surgery and midwifery which is as extensive as that required under rule 2;
or
(b) before obtaining his qualifying diploma or partly before and partly after obtaining his qualifying diploma, held such hospital appointments as, in the opinion of the Council, confer experience of the practice of medicine and surgery or of medicine, surgery and midwifery which is as extensive as that required under rule 2.
4. The provisions of these Rules shall in no way prejudice or affect the status of a person duly registered as a medical practitioner under the Medical Practitioners and Dentists Act * immediately before the coming into operation of these Rules or of any person temporarily registered under section 17 of this Act.
(Section 45)
G.Ns. Nos.
348 of 1959
66 of 1990
698 of 1995
699 of 1995
90 of 2001
1. The Rules may be cited as the Medical Practitioners (Fees and General) Rules.
2. In these Rules–
"Act" means the Medical Practitioners and Dentists Act *;
"Ordinance" means the Medical Practitioners and Dentists Ordinance *;
"Registrar" means the Registrar of Medical Practitioners and Dentists appointed under section 8 of the Act.
3. (1) Where under subsection (2) of section 10 of the Act the Registrar has written a letter to a registered medical practitioner or dentist inquiring whether he has ceased to practise, or has changed his residence, or has left Tanzania, and where the registered medical practitioner or dentist has replied stating that he has left Tanzania and has no intention of returning to practise therein or where no answer has been returned to such letter within a period of six months, the Registrar may, by a registered letter addressed according to the address in the register of such medical practitioner or dentist, give notice to such medical practitioner or dentist that his name will be removed from the register.
(2) Notice of intention to remove the name of a registered medical practitioner or dentist from the register shall be deemed to have been served on such medical practitioner or dentist on the expiration of a period of thirty days from the date when the notice was posted and it shall thereafter be lawful for the Registrar to erase the name of the medical practitioner or dentist from the register.
4. An application under section 21 of the Act by a registered medical practitioner or dentist for the insertion in the register of any additional diploma or qualification shall be made in writing to the Registrar and shall be accompanied by evidence of the award of such diploma or qualification to the medical practitioner or dentist.
5. The fees set out in the second column of the Schedule hereto, shall be payable in respect of the matters set out in the first column thereof.
SCHEDULE
REGISTRATION FEES
The various fees prescribed under this Schedule shall be paid in respect of the matters set out opposite such fees. |
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(a) On full registration where the applicant is at the time of making application for registration provisionally registered ...................... | 40,000.00 |
(b) On applicant for provisional registration ..................................... | 30,000.00 |
(c) On application for temporary registration ................................... | US$ 300.00 |
(d) On application for a licence ...................................................... | {mprestriction ids="1,2,3"} 20,000.00 |
(e) On application for entry of a name in the List ............................. | 10,000.00 |
(f) On application for insertion in the Register of any addition qualification ............................................................................ | 15,000.00 |
(g) On application for an extract from the Register other than a certification of registration or licence ......................................... | 30,000.00 |
(h) On application for restoration of a name in the Register or List ..... | 20,000.00 |
(i) On retention fees: | |
(i) where the applicant is at the time of making application registered or provisionally registered, or is licensed ............. | 20,000.00 |
(ii) where the applicant is at the time of making application, temporarily registered ....................................................... | US$ 150.00 |
G.Ns. Nos.
349 of 1959
490 of 1962
1. Short title
These Rules may be cited as the Tanganyika Medical Council Inquiries Rules.
2. Interpretation
In these Rules–
"Act" means the Medical Practitioners and Dentists Act *;
"complainant", subject to the provisions of rule 9(3), means a person who makes a complaint or gives information to the Council;
"practitioner" means a medical practitioner or dentist registered or provisionally registered under the Act.
3. Complaints and information on conduct of practitioner
When a complaint is made to or information received by the Council or any member thereof or the Registrar that a practitioner has been convicted of a felony or misdemeanour or has been guilty of conduct which prima facie constitutes infamous conduct in a professional respect, the Registrar shall make a preliminary examination of the case and report to the council in accordance with rule 6 of these Rules.
4. Complaints to be written
Where a complaint is made by a person or body charging a practitioner with infamous conduct in a professional respect, such complaint shall be formulated in writing and accompanied by a statutory declaration addressed to the Registrar, and stating the ground thereof, and shall be accompanied by one or more statutory declarations verifying the facts of the case:
Provided that if the complaint is made by or on behalf of the government such complaint need not be accompanied by statutory declarations.
5. Contents of statutory declarations
Every Statutory declaration shall state the address and description of the declarant, and where any fact stated in the declaration is not within the personal knowledge of the declarant, his information and the ground of his belief of its truth must be accurately and fully stated.
6. Preliminary examination
(1) In the course of his preliminary examination the Registrar shall have power to ask the practitioner against whom such complaint is made or in respect of whom such information is received, as the case may be, for any explanation and may cause such further investigation to be made and such further evidence to be obtained and may obtain such advice and assistance as he thinks fit:
Provided that the Registrar may in any case in which a complaint is made or information received, and shall in any case where he asks a practitioner for such explanation as aforesaid, supply the practitioner with copies of the complaint or a summary of the information, as the case may be, and such particulars thereof as will enable the practitioner to make answer thereto.
(2) When he has completed his preliminary examination the Registrar shall report to the Council and the Council shall determine whether or not to hold an inquiry.
7. Procedure where no prima facie case disclosed
If the Council is of the opinion that no prima facie case for inquiry is made out against the practitioner, the Council shall direct the Registrar to inform both the practitioner and the complainant of the Council's intention not to hold an inquiry, in which case no further proceedings before the Council shall lie in respect to that complaint or information.
8. Procedure where an inquiry is directed to be held
(1) If the Council is of the opinion that a prima facie case for inquiry is disclosed, the Council shall direct that an inquiry shall be held.
(2) If the Attorney-General shall not sit on the Council at such inquiry the Registrar shall so inform the Attorney-General, and the Attorney-General shall appoint a member of the Attorney-General's Chambers (hereinafter called "the Legal Adviser"), who shall advise the Council with regard to law and procedure.
(3) The Registrar shall, at least three days before an inquiry, provide each member of the Council and the Legal Adviser (if appointed) with a copy of all material documents appertaining to the inquiry which has been lodged with him.
9. Parties may be represented by advocate
(1) A complainant (if any) and the practitioner may be represented by an advocate.
(2) If there is no complainant the Council may appoint an advocate or, with the consent of the Attorney-General, a State Attorney to present the case against the practitioner.
(3) References to either party hereinafter in these Rules shall be deemed to include, wherever the context so admits, their respective advocates, and references to the complainant shall be deemed to include an advocate or State Attorney appointed by the Council to present the case against the practitioner.
10. Notification of inquiry
(1) Where an inquiry has been directed to be held notice of the inquiry in the manner set out in Form A in the Schedule hereto shall be served on the practitioner concerned and on the complainant by the Registrar and such notice shall specify the charge or charges in respect of which the inquiry will be held, and inform the practitioner and the complainant of the time and place appointed for holding the inquiry.
(2) The notice shall be accompanied by a copy of sections 26 and 27 of the Act and a copy of these Rules.
11. Rights of parties to documents
Either party shall, for the purpose of his defence or reply, as the case may be, and upon request in writing for that purpose to the Registrar, be entitled to be supplied by the Registrar on demand therefor with a copy of any statutory declaration, explanation answer or other document given or sent to the Council by or on behalf of the other party.
12. Notice to admit facts
The complainant and the practitioner may at any time prior to the date of holding the inquiry serve upon the other a notice in writing asking him to admit in writing any facts or produce any document which are specified in such notice, material to the complaint or information or defence, as the case may be.
13. Summoning of witnesses
(1) A summons issued by the Chairman under subsection (2) of section 30 of the Act may be either in Form B or Form C as set out in the Schedule hereto, with such variations as circumstances may require.
(2) Witness expenses shall be at the rate currently in force for witnesses in the High Court, and shall be paid where–
(a) the witness is called by and on behalf of the Council, by the Registrar;
(b) the witness is called by or on behalf of the complainant, by the complainant; and
(c) where the witness is called by or on behalf of the practitioner, by the practitioner.
14. Service of notice
Service of any notice or documents required by these Rules shall be deemed to be effected–
(a) if served personally on the person to be served;
(b) if sent by registered post addressed to him at his last known address; or
(c) in the case of service of any notice or document on a complainant or the practitioner, if sent by registered post addressed to any advocate appointed by him under rule 9(1) of these Rules,
and proof that such notice or document was served personally or was so addressed and posted shall be proof of service.
15. Inquiry to be public
The place where the inquiry is held shall be open to the public so far as the same can conveniently contain them:
Provided that the Council, if it thinks fit, may at any stage of the inquiry exclude the public generally or any particular person.
16. Council to be satisfied that notice of inquiry served
At the opening of the inquiry the charge or charges shall be read and, if the practitioner concerned is not present, the Council shall satisfy itself that notice of the inquiry was duly served on him as prescribed by these Rules.
17. Procedure
(1) The complainant shall open the case and produce his evidence in support thereof.
(2) The Council shall then call upon the practitioner to state his case and produce evidence in support thereof.
(3) At the conclusion of the case by the practitioner, the complainant may address the Council in reply:
Provided that if the practitioner has not produced evidence in support of his case the complainant shall not, without the special leave of the Council, make an address in reply.
18. Evidence and examination of witnesses
(1) Evidence may be taken by the Council by oral or by written statement and, if oral, shall be given upon oath or affirmation administered by the chairman or, if written, shall be in the form of an affidavit or statutory declaration.
(2) Where a witness is called by a party he shall be first examined by the party which called him and then cross-examined by the other party and then re-examined by the party which called him.
(3) If a deponent to a document is present at the inquiry and refuses to submit himself to cross-examination the Council may refuse to admit his evidence.
19. Council may question witnesses
Members of the Council may, through the Chairman, put such questions to the parties or witnesses as they think desirable.
20. Adjournments and deliberations
(1) At any stage of the inquiry the Council may adjourn to consider any matter arising therefrom.
(2) At the conclusion of the hearing the Council shall deliberate thereon in camera.
(3) No person other than a member of the Council shall be entitled to be present at any meeting of the Council during an adjournment or during its deliberations under the provisions of these Rules:
Provided that, if the Attorney-General shall not be sitting on the Council, the Legal Adviser shall be present.
21. Records of the inquiry
(1) Shorthand notes of the proceedings of the inquiry, other than of the deliberations of the Council which are held in camera, may be taken by a person appointed for the purpose by the Chairman, and any party who appears at the proceedings shall be entitled to inspect the transcript thereof.
(2) The Registrar shall, if required, supply to any person entitled to appeal under section 34 of the Act against the decision of the Council, or to his advocate, but to no other person, a copy of the transcript.
(3) If no shorthand notes be taken, the Chairman or some member of the Council authorised by him in that behalf, or the Registrar, shall take a note of the proceedings, other than of the deliberations held in camera, and the provisions of this rule as to the inspection and taking of copies shall apply to such note.
22. Finding
The decision of the Council shall be recorded by the Chairman under his own hand and shall be announced by him in public in such terms as the Council approves.
SCHEDULE
(Rule 10)
FORM A
NOTICE TO A REGISTERED MEDICAL PRACTITIONER/DENTIST 1 OF AN INQUIRY UNDER SECTION 26 OF THE MEDICAL PRACTITIONERS AND DENTISTS ACT (Cap. 152)
On behalf of the Medical Council of Tanganyika I give you notice 2 (that information |
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You are requested to answer in writing the above charge or charges and to appear before the Medical Council of Tanganyika at the above-named place and time to establish any denial or defence that you may have to make and you are hereby informed that if you do not attend as required the Council may proceed to hear and decide upon the said charges in your absence. |
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Any answer, document or other communication or application which you may desire to produce or make respecting the said charge or charges, on your defence thereto, should be addressed to me and dispatched so as to reach me not later than ........................... days before the date appointed for the hearing of this matter. |
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A copy of sections 29 and 30 of the Medical Practitioners and Dentists Act and of the Tanganyika Medical Council Inquiries Rules, 1959, is enclosed for your information. |
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......................................... |
FORM B
FORMS OF SUMMONS TO GIVE EVIDENCE
(Rule 13)
In the matter of A.B. a registered/temporarily registered/provisionally registered 1 medical practitioner/dentist 2 |
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and |
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In the matter of the Medical Practitioners and Dentists Act (Cap. 152) |
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WHEREAS your attendance is required to give evidence on behalf of ................................ |
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And herein fail not. |
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Given under my hand at Dar es Salaam this ......................... day of ......................... 20........ |
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........................................................... |
FORM C
FORM OF SUMMONS TO PRODUCE DOCUMENT
(Rule 13)
In the matter of C.D. a registered/temporarily registered/provisionally registered 1 medical practitioner/dentist 2 |
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and |
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In the matter of the Medical Practitioners and Dentists Act (Cap. 152). |
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You are required in the above matter to– |
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3 (a) attend and produce personally before the Medical Council of Tanganyika on the ......................... day of ......................... 20........ at ..................... o'clock in the ................. noon, the under-mentioned document(s); or |
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4 (b) cause to be produced to the Medical Council of Tanganyika on or before the ......................... day of ......................... 20........, at ..................... in the |
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And herein fail not. |
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Given under my hand at Dar es Salaam this ......................... day of ........................., 20........ |
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........................................................... |
(Section 44)
G.N. No. 365 of 1960
1. These Rules may be cited as the Medical Practitioners and Dentists (Appeals) Rules of Court.
2. (1) Every appeal to the High Court shall be preferred in the form of a memorandum signed by the appellant or his advocate.
(2) The memorandum shall set forth concisely and under distinct heads the grounds of objections to the decision or determination appealed from without argument or narrative and such grounds shall be numbered consecutively.
3. The Registrar of the High Court on receipt of a memorandum of appeal shall forthwith send notice of the appeal to the Council and the Council shall on being served with such notice transmit with all practicable dispatch to the High Court, Dar es Salaam, the record of the proceedings before the council together with any additional material which may be called for the High Court and such record and additional material (if any) shall be incorporated in the record of the appeal for the purposes of hearing the appeal but shall be returned to the Council after the determination of the appeal.
4. (1) The parties to the appeal shall not be entitled to produce additional evidence, whether oral or documentary in the High Court:
Provided that the High Court may allow any evidence or document to be produced or witness to be examined–
(a) if the Council has refused to admit evidence which in the opinion of the High Court ought to have been admitted;
(b) if the High Court requires any document to be produced or any witness to be examined to enable it to pronounce judgment; or
(c) for any other substantial cause.
(2) Whenever additional evidence is allowed to be produced, the reason for such admission shall be recorded by the High Court.
5. The High Court may make such order as to the costs of an appeal as shall seem just.
6. Order XXXIX of the Civil Procedure Act *, in so far as it is not inconsistent with the provisions of these rules, shall apply to appeals under the Act.
7. A memorandum of appeal from the decision or determination of the Council to the High Court shall be accompanied by a fee of forty shillings together with any service fee which may be payable and such fees as are usually payable in the High Court shall apply to all subsequent acts, applications or proceedings. {/mprestriction}