THE MUHIMBILI ORTHOPAEDIC INSTITUTE ACT

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CHAPTER 94
THE MUHIMBILI ORTHOPAEDIC INSTITUTE ACT
[PRINCIPAL LEGISLATION]
Arrangement of Sections
Section Title
part i
PRELIMINARY PROVISIONS
1. Short title.
2. Interpretation.
part ii
THE MUHIMBILI ORTHOPAEDIC INSTITUTE
3. Establishment of Institute.
4. Objects and functions of Institute.
part iii
ADMINISTRATION
5. Board of Trustees.
6. Functions of Board.
7. Executive Director and staff of Institute.
8. Management Committee.
part iv
FINANCIAL PROVISIONS
9. Funds of Institute.
10. Annual budget estimates.
11. Investments of Institutes’ funds.
12. Accounts and audit.
13. Annual report to be laid before National Assembly.

ute.
10. Annual budget estimates.
11. Investments of Institutes’ funds.
12. Accounts and audit.
13. Annual report to be laid before National Assembly.

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30
part v
MISCELLANEOUS PROVISIONS
14. Fees and allowances.
15. Management Committee to regulate its own proceedings.
16. Indemnity for bona fide acts.
17. Validity of acts of Board or Management Committee.
18. Directives.
19. Regulations.
SCHEDULE

ts own proceedings.
16. Indemnity for bona fide acts.
17. Validity of acts of Board or Management Committee.
18. Directives.
19. Regulations.
SCHEDULE

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PART I
PRELIMINARY PROVISIONS
1. This Act may be cited as the Muhimbili Orthopaedic
Institute Act. 2. In this Act, unless the context requires otherwise-
“Act” means the Muhimbili Orthopaedic Institute Act;
“Board” means the Board of Trustees established under section
5(1) of the Act;
“collaborating agent” means a person or body of persons
cooperating with the Institute in carrying out the objects
and functions of the Institute;
“Division” means a Division established under section 7(3)
of the Act;
“Executive Director” means the Executive Director of the
Institute appointed under section 7 of the Act;
“Institute” means the Muhimbili Orthopaedic Institute
established under section 3 of the Act;
“Management Committee” means a Committee established
under section 8 of the Act;
“member” means a member of the Board and includes a
Chairman and Vice-Chairman of the Board;
Short title
Interpretation
CHAPTER 94
THE MUHIMBILI ORTHOPAEDIC INSTITUTE ACT
An Act to establish the Muhimbili Orthopaedic Institute and to provide for
related matters.

etation
CHAPTER 94
THE MUHIMBILI ORTHOPAEDIC INSTITUTE ACT
An Act to establish the Muhimbili Orthopaedic Institute and to provide for
related matters.

[1st September, 1996]
[GN. No. 191 of 1996]
Act No. 7 of 1996

[1st September, 1996]
[GN. No. 191 of 1996]
Act No. 7 of 1996

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32
“Minister” means the Minister responsible for health;
“Permanent Secretary” means the Permanent Secretary in
the Ministry responsible for health. PART II
THE MUHIMBILI ORTHOPAEDIC INSTITUTE
3.–(1) There is hereby established an Institute to be known as
the Muhimbili Orthopaedic Institute. (2) The Institute shall be a body corporate and-
(a) have perpetual succession and a common seal;
(b) in its corporate name, be capable of suing and being sued;
(c) be capable of purchasing and otherwise acquiring, and
of alienating, any movable or immovable property; and
(d) have power to borrow sums as it may require for its
purposes. 4.

nd otherwise acquiring, and
of alienating, any movable or immovable property; and
(d) have power to borrow sums as it may require for its
purposes. 4.

The objects and functions of the Institute shall be to-
(a) provide for hospital management conducive to self
sustainability on autonomous basis;
(b) improve the basic service for the diseases of the
musculoskeletal system, accident and neurosurgical
cases, providing cure and reduction of the rate of
invalids in the country;
(c) improve orthopaedic or trauma services in the periphery
through adequate training facilities;
(d) produce the required personnel for the country in
the field of Orthopaedics and Neurosurgery through
appropriate training;
(e) facilitate research activities in the field of Orthopaedics
and Neurosurgery at a university institution standard;
(f) reduce the number of referral patients outside the
country; and
(g) provide for consultancy, publication and general
dissemination of materials produced in connection
with the work and activities of the Institute. Establishment of
Institute
Objects and
functions of
Institute

ation of materials produced in connection
with the work and activities of the Institute. Establishment of
Institute
Objects and
functions of
Institute

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THE MUHIMBILI ORTHOPAEDIC INSTITUTE ACT [CAP. 94 R.E. 2023]
PART III
ADMINISTRATION
5.–(1) There shall be a Board of Trustees of the Institute which
shall consist of-
(a) a Chairman who shall be appointed by the President; and
(b) not more than ten other members who shall be appointed
by the Minister. (2) The Minister shall appoint members of the Board from
amongst persons having qualifications set out in the Schedule. (3) The Minister by notice published in the Gazette may
amend the Schedule. (4) The provisions of the Schedule shall have effect as to the
qualifications and tenure of office of its members, termination
of their appointments, the proceedings of the Board and other
matters in relation to the Board and its members.

of office of its members, termination
of their appointments, the proceedings of the Board and other
matters in relation to the Board and its members.

6.–(1) The functions of the Board shall be to-
(a) supervise the implementation of policies, objectives and
the overall management of the Institute in a way that
ensures its proper performance;
(b) manage and administer on behalf of the Institute assets
and properties movable and immovable of the Institute
in a manner and for purposes, as in the opinion of the
Board would promote the best interests of the Institute;
(c) control the budget of the Institute and administer its
funds and other assets;
(d) signify the acts of the Institute by use of the common
seal;
(e) appoint employees of the Institute as it may consider
necessary;
(f) receive gifts, donations, grants or other moneys on behalf
of the Institute;
(g) grant gratuities, other retirement allowances or benefits
to the employees of the Institute;
Board of Trustees
Functions of
Board

f the Institute;
(g) grant gratuities, other retirement allowances or benefits
to the employees of the Institute;
Board of Trustees
Functions of
Board

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34
(h) establish and contribute to a superannuation fund for
the employees of the Institute and require employees
of the Institute to contribute to any superannuation
fund established and fix the amount and methods of
payment of the contribution; and
(i) do any act for the purpose of achieving any of the above
stated objects and functions of the Institute. (2) In the performance of the functions under subsection
(1), the Board shall take into account the need to promote,
establish and maintain a system of collaboration, consultation
and co-operation with the Muhimbili National Hospital, the
Muhimbili University of Health and Allied Sciences and any
other person or body of persons established by or under any
written law and having functions related to those of the Institute.

llied Sciences and any
other person or body of persons established by or under any
written law and having functions related to those of the Institute.

7.–(1) There shall be an Executive Director of the Institute who
shall be appointed by the Minister on terms and conditions as
may be specified in the instrument of the appointment and
who shall be the Chief Executive Officer of the Institute. (2) The Institute, subject to any directions given by the
Minister in that behalf, may appoint on terms and conditions,
other employees of the Institute as the Board may consider
necessary for the proper and efficient conduct of the business
and functions of the Institute. (3) There shall be a number of divisions or departments of
the Institute as the Board may determine. 8.–(1) There shall be a Management Committee of the Institute,
which shall constitute of persons as the Board may determine. PART IV
FINANCIAL PROVISIONS
9. The funds and resources of the Institute shall consist of sums-
(a) as may be appropriated by Parliament for purposes of
the Institute;
Executive
Director and staff
of Institute
Management
Committee
Funds of Institute

as may be appropriated by Parliament for purposes of
the Institute;
Executive
Director and staff
of Institute
Management
Committee
Funds of Institute

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THE MUHIMBILI ORTHOPAEDIC INSTITUTE ACT [CAP. 94 R.E. 2023]
(b) as the Board may after consultation with the Minister
for Finance, borrow for purposes of the Institute;
(c) as may be payable to the Institute by way of donations,
gifts, grants, loans or bequests; and
(d) as may in any manner become payable to or vested in
the Institute as a result of or in the course of discharging
its functions under this Act. 10.–(1) The Institute shall prepare or cause to be prepared for
approval of the Minister annual estimates of the revenue and
expenditure of the Institute for the ensuing financial year at least
three months before the commencement of any financial year. (2) The Board shall consider and approve subject to
modifications and amendments as it may consider appropriate,
the estimates prepared in accordance with subsection (1) of
this section.

rove subject to
modifications and amendments as it may consider appropriate,
the estimates prepared in accordance with subsection (1) of
this section.

(3) The annual budget estimates shall contain provisions for
the estimated expenditure during the ensuing financial year
and in particular for-
(a) the payment of salaries, allowances and other charges
in respect of the staff, Board and committees;
(b) the payment of construction, improvement, maintenance
and replacement of any building or other immovable
property of the Institute;
(c) the proper maintenance and replacement of the furniture,
equipment, drugs and supplies of the Institute; and
(d) the creation of reserve funds to meet future contingent
liabilities as the Board may think fit. (4) Expenditure shall not be incurred for purposes of the
Institute except in accordance with the provisions of the annual
budget estimates, or any supplementary estimates approved by
the Board. (5) A copy of the annual estimates and supplementary
estimate, if any, shall immediately after approval be forwarded
to the Minister. Annual budget
estimates

opy of the annual estimates and supplementary
estimate, if any, shall immediately after approval be forwarded
to the Minister. Annual budget
estimates

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36
11. The Board with the approval of the Minister shall have
power to invest the funds of the Institute in investments
and subject to conditions as are prescribed by the Trustees
Investment Act in relation to investments of funds by a trustee. 12.–(1) The Board shall cause to be provided and kept proper
books of accounts and records with respect to the receipt and
expenditure of money by, and other financial transactions of
the Institute and assets and liabilities of the Institute and shall
cause to be made out for every financial year a balance sheet
and statement of income and expenditure. (2) Within no more than three months after the close of
each financial year, the accounts, including the balance sheet of
the Institute in respect of that financial year, shall be submitted
to and audited by the Controller and Auditor- General.

luding the balance sheet of
the Institute in respect of that financial year, shall be submitted
to and audited by the Controller and Auditor- General.

(3) As soon as the accounts of the Institute have been audited,
and in any case not later than six months after the close of the
financial year, the Board shall submit to the Minister a copy of
the audited statement of accounts together with a copy of the
report made by the auditor on the statement of accounts. 13. The Minister shall, as soon as practicable, after receiving the
report lay before the National Assembly a report containing-
(a) a copy of the audited accounts of the Institute;
(b) a copy of the auditor’s report on the accounts; and
(c) a report on the activities of the Institute in the preceding
financial year. PART V
MISCELLANEOUS PROVISIONS
14. The Institute with the consent of the Minister, may issue
directions prescribing fees and allowances payable to the
members of the Board. 15. The Management Committee shall regulate the conduct of
its proceedings. Investments of
Institutes’ funds
Cap. 53
Accounts and
audit
Annual report
to be laid
before National
Assembly
Fees and
allowances
Management
Committee to
regulate its own
proceedings

Cap. 53
Accounts and
audit
Annual report
to be laid
before National
Assembly
Fees and
allowances
Management
Committee to
regulate its own
proceedings

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THE MUHIMBILI ORTHOPAEDIC INSTITUTE ACT [CAP. 94 R.E. 2023]
16. An act or thing done by a member of the Board or
Management Committee shall not render a member personally
liable for a matter or Act, if done bona fide in the execution of
the functions of the Board or Management Committee. 17. An act or proceeding of the Board or Management
Committee shall not be invalid by reason only of any vacancy
in the membership thereof, any defect in the appointment of
any member or the fact that any member was at the time in
question disqualified or disentitled to act as such. 18. The Minister may give to the Board directives of a general
or specific character which shall be consistent with purposes
and provisions of this Act, as to the performance by the Board
of any of its functions under this Act, and the Board shall give
effect to the directives given by the Minister. 19.–(1) The Board with the approval of the Minister may
make regulations for the better carrying out of purposes and
provisions of this Act.

Minister. 19.–(1) The Board with the approval of the Minister may
make regulations for the better carrying out of purposes and
provisions of this Act.

(2) Without prejudice to the generality of subsection (1),
the Board may make regulations-
(a) prescribing conditions and terms upon which any
specified facility or service within the scope of the
functions of the Institute shall be provided to the public
and other persons;
(b) setting fees, rates and other charges for or in connection
with the provision by the Institute of any facilities or
services;
(c) providing for the proper management, control and
administration of the Institute;
(d) providing for and regulating discipline amongst staff
and other members of the Institute and disciplinary
proceedings against them;
(e) providing for any matter which may be prescribed
under this Act. (3) Regulations made under this section shall be published
in the Gazette. Indemnity for
bona fide acts
Validity of acts
of Board or
Management
Committee
Directives
Regulations

this section shall be published
in the Gazette. Indemnity for
bona fide acts
Validity of acts
of Board or
Management
Committee
Directives
Regulations

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38
SCHEDULE
(Made under section 5(4))
1.–(1) Subject to subparagraph (2), a member shall hold office for a
period of three years and be eligible for re-appointment.

ade under section 5(4))
1.–(1) Subject to subparagraph (2), a member shall hold office for a
period of three years and be eligible for re-appointment.

(2) Members of the Board shall be appointed from amongst-
(a) persons who have acceptable academic qualifications or
practical experience in medicine or orthopaedics;
(b) persons engaged in the management or treatment of
orthopaedic patients and institutions;
(c) persons working in sister or collaborating institutions or
institutions carrying on functions similar or allied to those
of the Institute;
(d) officers or employees of the Ministry of Health engaged in
activities as the Minister may determine; and
(e) persons in respect of whom the Minister is satisfied that, they
have the necessary qualifications or experience to enable
them to contribute to the effective discharge of the functions
of the Board;
(3) A person who is a member by virtue of holding some other
office, shall cease to be a member upon his ceasing to hold the office by
virtue of which he is a member. (4) A member may resign at any time by giving notice in writing to
the appointing authority and from the date specified in the notice or,
where a date is not specified, from the date of the receipt of the notice
by the appointing authority.

y and from the date specified in the notice or,
where a date is not specified, from the date of the receipt of the notice
by the appointing authority.

(5) The members shall elect one of their number to be the Vice-
Chairman, who shall hold office for a period of one year, but may be
re-elected. 2. Where a member other than the Chairman is by reason of illness,
absence from the United Republic or for any other sufficient cause,
unable to perform his duties as a member, the appointing authority
may appoint a temporary member in his place and the temporary
member shall cease to hold office upon the resumption of office of the
substantive member. 3.–(1) Subject to any general or specific direction by the Minister, the
Board shall meet not less than four times during every financial year
and at additional times as may be fixed by the Chairman or, where he
is absent from the United Republic or unable for any sufficient cause to
act, after consulting the members, the Executive Director. (2) An ordinary meeting of the Board shall be convened by the
Executive Director after consultation with the Chairman and the notice
specifying the place, date and time of the meeting shall be sent to each
Tenure of
appointment and
qualifications
Temporary
member
Meetings

the notice
specifying the place, date and time of the meeting shall be sent to each
Tenure of
appointment and
qualifications
Temporary
member
Meetings

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THE MUHIMBILI ORTHOPAEDIC INSTITUTE ACT [CAP. 94 R.E. 2023]
member at his usual place of business or residence not less than ten
days before the date of the meeting. (3) The Chairman or, in his absence, the Vice-Chairman shall be
bound to convene a special meeting of the Board upon receipt of a
request in writing in that behalf signed by two-thirds of the members
and notice of not less than ten days shall be given to all members in the
manner prescribed in subparagraph (2). (4) The Chairman, or in his absence the Vice-Chairman presiding at
the meeting of the Board may invite any person who is not a member
to participate in the deliberations of the Board, but any person invited
shall not be entitled to vote. (5) The Chairman shall preside at the meeting of the Board and in
the absence of the Chairman from a meeting the Vice-Chairman shall
preside at that meeting.

Chairman shall preside at the meeting of the Board and in
the absence of the Chairman from a meeting the Vice-Chairman shall
preside at that meeting.

(6) At the meeting of the Board, a decision of the majority of the
members present and voting shall be deemed to be a decision of the
Board and in the event of an equality of votes the person presiding over
the meeting shall have a casting vote in addition to his deliberative vote. (7) The Board may act notwithstanding any vacancy in its
membership. 4. One half of the total number of members shall form a quorum for a
meeting of the Board. 5. Notwithstanding the provisions of paragraph 3(5), where the
Chairman or, in his absence, the Vice-Chairman so directs, a decision
may be made by the Board without a meeting by circulation of the
relevant papers among the members and the expression in writing of
the views of the majority of the members, but any member shall be
entitled to require that the decision be deferred and the subject matter
be considered at a meeting of the Board. 6. Minutes in proper form of each meeting of the Board shall be kept
and confirmed by the Board at the next meeting and signed by the
Chairman of the meeting. 7.–(1) The official seal of the Institute shall be of the shape, size and
form as the Board may determine.

and signed by the
Chairman of the meeting. 7.–(1) The official seal of the Institute shall be of the shape, size and
form as the Board may determine.

(2) The official seal of the Institute shall not be affixed to any
instrument or document except in the presence of the Executive Director
or such other employee of the Institute as the Executive Director may
appoint in that behalf. 8. The regulations, appointments, instruments or documents made,
issued or executed by or on behalf of the Institute or the Board, shall be
sealed with the official seal of the Institute and shall be signed by-
(a) the Chairman of the Board;
(b) the Executive Director; or
Quorum
Decision by
circulation of
papers
Minutes of
meetings
Official seal of
Institute
Execution of
documents

e Board;
(b) the Executive Director; or
Quorum
Decision by
circulation of
papers
Minutes of
meetings
Official seal of
Institute
Execution of
documents

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40
(c) any other member of the Board or employee of the Institute
authorised in writing in that behalf by the Board.
9. An act or proceeding of the Board shall not be invalid by reason
of any defect or irregularity in the appointment of any member or by
reason that, a person who purported to act bona fide as a member at the
time of the act or proceeding was in fact disqualified or not entitled to
act as a member.
10. Where a member other than a member by virtue of his office
absents himself from three consecutive meetings of the Board without
sufficient cause, the Board shall advise the appointing authority of the
fact and the appointing authority may terminate the appointment of the
member and appoint another member in his place.
11. Subject to the provisions of this Schedule, the Board shall have
power to regulate its own proceedings.
Proceedings not
invalidated by
irregularity
Absence from
three consecutive
meetings
Board may
regulate its own
proceedings