CHAPTER 70
MEDICAL STORES DEPARTMENT ACT
[SUBSIDIARY LEGISLATION]
INDEX TO SUBSIDIARY LEGISLATION
REGULATIONS
(Section 17(1))
G.N. No. 348 of 1996
PART I
PRELIMINARY PROVISIONS (regs 1-2)
1. Citation
These Regulations may be cited as the Medical Stores Department Regulations.
2. Interpretation
In these Regulations, unless the context requires otherwise–
"Act" means the Medical Stores Department Act *;
"appointing authority" means–
(a) in the case of the Director-General, the President;
(b) in the case of staff in the Salary Scale MSD 6 and above, the Board;
(c) in the case of staff in the Salary Scale MSD 1 to 5, the Director-General;
"Board" means the Board of Trustees of the Department;
"Counterpart Director-General" and "Counterpart Director" means a Tanzania citizen appointed as alternate to the person holding the office of Director-General or Director, as the case may be, during the interim period;
"Department" means the Medical Stores Department also referred to by the acronym "MSD";
"Executive Management Team" means the executive management team constituted pursuant to Regulation 3;
"interim period" means the period between the operations of the Department under the Medical Stores Department Act * up to 31st December, 1998;
"Minister" means the Minister responsible for Health;
"Tender Board" means the Medical Tender Board.
PART II
MANAGEMENT (regs 3-7)
3. Counterpart Director-General and Directors
In the interim period there shall part be a Counterpart Director-General and a Counterpart Director to every Director of the Department.
4. The Executive Management Team
(1) Subject to subregulation (2) the Director-General and all the Directors Team of the Department shall constitute the Management Team for the Department.
Counterpart Management of the Team
(2) During the interim period, the Director-General, Counterpart Director-General, Directors and Counterpart Directors Team shall constitute the Executive Management Team of the Department.
5. Functions of the Executive Management Team
(1) During the interim period, all the powers and functions of the Director-General shall be exercised or carried out in consultation with the Counterpart Director-General.
(2) All the functions of the Department shall be carried out by and through the Management Team.
(3) The members of the Management Team may take part in and may attend the meetings of the Board but shall not participate in making decisions of the Board.
(4) Subject to the general or specific directions of the Board, the Executive Management Team shall have the duty from time to time to–
{mprestriction ids="1,2,3"}
(a) review and make recommendation in respect of the management and administration of the Department;
(b) prepare a draft annual corporate plan and budget for the consideration of the Board;
(c) implement an annual corporate plan for the Department;
(d) submit the draft annual corporate plan and budget to the Permanent Secretary for comments by him within fourteen days before the meeting of the board at which it is intended to submit the same for examination by the Board;
(e) prepare quarterly progress reports on the implementation of the annual corporate plan and submit the same to the Board;
(f) perform any other functions which may be delegated to it by the Board or conferred upon it by these Regulations.
6. Meetings of the Executive Management Team
The Executive Management Team may, subject to any directions of the Board, meet at such intervals as it considers necessary for the carrying out of its functions and shall act in accordance with the Directions of the Board and report on its function to the Board in such manner and at such intervals as the Board may direct.
7. Decisions of the Management
(1) If the Management Team cannot agree on any matter under consideration by the Management Team the joint decision of the Director-General and the Counterpart Director-General, shall prevail.
(2) Where the Director-General and the Counterpart Director-General cannot reach a joint decision, the Director-General or the Counterpart Director-General shall refer the matter to the Board.
(3) Notwithstanding subregulation (1) of this regulation, every decision made jointly by the Director-General and Counterpart Director-General after the Management Team has failed to reach a consensus, shall be notified to the Board.
PART III
FINANCIAL PROVISIONS (regs 8-10)
8. Property vested in Board of Trustees
The control of all funds, assets and property movable and immovable of the Department shall be vested in the Board in accordance with the provisions of the Act in such manner and for such purposes and as in the opinion of the Board would promote the best interest of the Department and in ensuring that all assets are safeguarded against all loss.
9. Board of Trustees may invest
The Board may authorise the investment of any funds of the Department in such securities as it may think fit, or may approve the placement deposit of the funds in deposit at such banks as it may determine:
Provided that such investments shall be restricted to securities in Tanzania and such funds shall be deposited in a Bank registered and carrying on business in Tanzania.
10. Annual Budget Estimates
(1) The annual budget of the Department for the ensuing financial year shall be submitted to the Board for approval after the Executive Management Team has had consultations with the Permanent Secretary and before the commencement of that year.
(2) In the annual budget the Executive Management Team shall make provisions for all the estimated expenditure during the financial year and in particular provision for–
(a) the payment of all salaries, passages and other charges in respect of the staff of the Department;
(b) the payment of all gratuities and other charges in respect of the staff of the Department;
(c) the proper maintenance and purchase of equipment and furniture of the Department;
(d) the proper maintenance of the buildings and grounds of the Department;
(e) the creation of such reserve funds within the revenue account to meet future liabilities and capital commitments in respect of retiring benefits, insurance, major renovation and extension of buildings or construction of new buildings or purchase of equipment or such other contingencies as the Board may think fit; and
(f) the procurement of pharmaceuticals, medical equipment and supplies.
(3) Unless the Board determines otherwise, no expenditure shall be incurred for the purpose of the Department except in accordance with the provisions of the approved annual budget.
PART IV
PROCUREMENT PROVISIONS (regs 11-14)
11. Procurement
Subject to section 16(2) of the Act, the Medical Tender Board shall ensure that procurement of pharmaceuticals, medical equipment, and supplies is done on an open and competitive basis.
12. Emergency procurement
(1) In this regulation, "emergency procurement" means the acquisition and or replenishment of stocks within the shortest time possible, when a vital item is out of stock or a vital item is found to be at a limited stock level as compared to the estimated consumption and no orders have been placed to replenish it or where delivered of a confirmed order, has been delayed and a stock out is expected.
(2) The Executive Management Team shall have power to procure emergency supplies up to a ceiling of US$ 100,000 in any one emergency procurement, without prior review by the Tender Board, but the supplies shall be procured according to Tender Board rules and regulations and subject to expose review by the Tender Board, as provided for in regulation 5(4). This provision is subject to review annually by the Tender Board, upon the recommendation of the Executive Management Team.
(3) The Chairman of the Tender Board may approve the procurement of emergency supplies exceeding the value of US$ 100,000 up to the maximum of US$ 150,000 in any one emergency procurement:
Provided that procurement made under this provision shall be notified to the next meeting of the Tender Board.
13. Reports on procurement
The Executive Management Team shall provide quarterly reports on procurement to the Board and to the Tender Board.
14. Procurement of non-pharmaceutical supplies
Procurement items other than pharmaceuticals, medical supplies and hospital equipment shall not be subject to the authority of the Tender Board, but shall be procured by following the in-house standard procurement procedures of the Department for goods and services as approved by the Board.
PART V
PROVISIONS RELATING TO APPOINTMENT OF STAFF (regs 15-21)
15. Staff of the Department
(1) In exercise of the functions the conferred by section 10(2) of the Act, the Director-General may make such arrangements as may be suitable for the appointment of a sufficient number of persons to the staff of the Department for the purposes of ensuring the proper and effective carrying out the functions of the department and giving effect to the provisions of the Act.
(2) Persons appointed pursuant to this Regulation shall each be designated as MSD Staff.
16. Vacancy in senior position
(1) Where a vacancy occurs in the in post of Director-General, Counterpart Director-General or any other position of a senior MSD Staff, the Chairman of the Board shall cause the vacancy to be filled in the manner specified in the Act and in these regulations and shall submit to the Board the names of all applicants for the post; along with his own recommendations as to whether the vacancy should be filled by promotion from amongst MSD staff or by making an appointment from amongst the applicants.
(2) Where the Chairman of the Board recommends that the vacancy should be filled by promotion, he shall also after consultation with the Permanent Secretary submit to the Board the name of the MSD staff who in his opinion is suitable for promotion to fill the vacancy.
(3) Where the Chairman of the Board recommends that the vacancy be filled by promotion, he shall, on appointment otherwise than on consultation with the Permanent Secretary propose to the Board the name of the candidate who, in his opinion, is most suitable for appointment to the post.
(4) The Board shall, after considering the applications and the recommendations of the Chairman of the Board and the Permanent Secretary make an appropriate recommendation to the appointing authority:
Provided that an appointment to any post of Director shall be subject to the approval of the Board.
17. Appointments of other staff
(1) For the purpose of these Regulations "Senior MSD Staff" means a member of the Department holding a post in the salary scale MSD 6 and above, and includes an expatriate MSD staff who is a member of the Executive Management Team.
(2) Appointment of MSD staff to an office in the salary scale MSD 6 and above, and includes an expatriate MSD staff who is a member of the Executive Management Team.
18. Temporary vacancy
(1) Where a vacancy occurs in any post other than the post of a senior MSD staff or where the holder of such post is on leave or is absent from the United Republic or is temporarily unable to perform the functions of his office by reason of illness or other cause whatsoever, the Director-General may if in his opinion it is necessary or desirable to do so, appoint an MSD staff to act in such post, until such time as the vacancy is filled in accordance with the provisions of the Act and of these Regulations or, as the case may be, the substantive holder of the post resumes duty.
(2) Where a temporary vacancy of Director-General occurs, the Counterpart Director-General shall become the Acting Director-General, unless the Board directs otherwise.
19. Acting allowance
Where a person is appointed to act in any post, he shall be entitled to be paid an acting allowance at such rate as may be prescribed, by the Board.
20. Letter of appointment and identity
Upon the appointment of any person as MSD staff of the Department, the Director-General shall furnish such person with letter of appointment signed by the Director-General and an identity card, for the purposes of authenticating the authority of such staff in the exercise of his functions.
21. Other designations
For the purpose of ensuring the smooth execution and administration of its business, the Department may establish a system of designations and grading and shall develop and discipline its employees in accordance with these Regulations or any other procedures which these Regulations or any other procedures which the department may determine in accordance with the Act and these regulations.
PART VI
DISCIPLINE IN GENERAL (regs 22-23)
22. Interdiction
(1) Where the Board or the Director-General as the case may be, considers that it is in the Department's interest that any MSD staff should cease forthwith to exercise the powers and functions of his office, the Board or the Director-General as the case may be, may interdict such MSD staff from the exercise of those powers and functions.
(2) A person interdicted under this regulation, shall be informed of the reasons for the interdiction.
(3) A person who is interdicted shall during the period of interdiction, receive such salary not being less than half of his salary, as the Board or the Director-General, as the case may be, shall determine.
(4) Where any disciplinary or criminal proceedings have been taken or instituted against any MSD staff under interdiction and that person is not dismissed or otherwise punished under these Regulations, the whole of any salary withheld under paragraph (3) shall be restored upon the termination of those proceedings.
(5) Where any punishment other than dismissal is imposed, the MSD staff may be refunded such portion of the salary withheld under paragraph (3) as the disciplinary authority may determine.
(6) An MSD staff under interdiction may not leave his station without the prior permission, in writing, of the Director-General or the Board, as the case may be.
23. Internal regulations
The Department may make internal staff regulations relating to disciplinary offences and procedures, personnel operations and related matters. {/mprestriction}