THE OCEAN ROAD CANCER INSTITUTE ACT

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CHAPTER 86
THE OCEAN ROAD CANCER INSTITUTE ACT
[PRINCIPAL LEGISLATION]
Arrangement of Sections
Section Title
part i
PRELIMINARY PROVISIONS
1. Short title.
2. Interpretation.
part ii
OCEAN ROAD CANCER INSTITUTE
3. Establishment of Institute.
4. Functions of Institute.
5. Vesting of property.
part iii
ADMINISTRATION
6. Board of Trustees.
7. Functions of Board of Trustees.
8. Executive Director.
9. Appointment of other employees of Institute.
10. Functions and powers of Executive Director.
11. Executive Management Team.
12. Discipline.
part iv
FINANCIAL PROVISIONS
13. Funds of Institute.
14. Annual budget estimates.
15. Investment of Institute funds.
16. Remuneration of members of Board.
17. Accounts and audit.
18. Financial report to be laid before National Assembly.
19. Executive Director’s report.

. Remuneration of members of Board.
17. Accounts and audit.
18. Financial report to be laid before National Assembly.
19. Executive Director’s report.

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636
part v
MISCELLANEOUS PROVISIONS
20. Indemnity for bona fide acts.
21. Validity of acts of Board.
22. Minister may give directions to Board.
23. Regulations.
SCHEDULE

NEOUS PROVISIONS
20. Indemnity for bona fide acts.
21. Validity of acts of Board.
22. Minister may give directions to Board.
23. Regulations.
SCHEDULE

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PART I
PRELIMINARY PROVISIONS
1. This Act may be cited as the Ocean Road Cancer Institute
Act.
2. In this Act, unless the context requires otherwise-
“Board” means the Board of Trustees of the Ocean Road
Cancer Institute established under section 6;
“Executive Director” means the Executive Director appointed
under section 8;
“Hospital” means the Ocean Road Hospital existing prior to
the establishment of the Institute;
“Institute” means the Ocean Road Cancer Institute established
under section 3;
“member” means a member of the Board and includes a
Chairman of the Board;
“Minister” means the Minister responsible for health; and
“Principal Secretary” means the Principal Secretary in the
Ministry responsible for health.
Short title
Interpretation
CHAPTER 86
THE OCEAN ROAD CANCER INSTITUTE ACT
An Act to establish the Ocean Road Cancer Institute and to provide for
related matters.
[1st September, 1996]
[GN. No. 192 of 1996]
Act No.
3 of 1996

An Act to establish the Ocean Road Cancer Institute and to provide for
related matters.
[1st September, 1996]
[GN. No. 192 of 1996]
Act No.
3 of 1996

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638
PART II
OCEAN ROAD CANCER INSTITUTE
3.–(1) There is hereby established an institute to be known as
the Ocean Road Cancer Institute. (2) The Institute shall be a body corporate and shall-
(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 such sums as it may require for
its purposes. 4.

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

The functions of the Institute shall be to-
(a) control and manage the Institute, and to assume
responsibility for the control and management of such
hospitals or health facilities as may be vested in the
Institute by order published in the Gazette;
(b) provide medical care to in patients and out-patients
affected with cancer and other diseases in accordance
with medical ethics;
(c) stimulate and promote programmes of education on
health and particularly on cancer;
(d) conduct training programmes;
(e) provide consultant services;
(f) perform research activities with or without association
with persons or institutions inside or outside the United
Republic; and
(g) do any act for the purpose of achieving any of the above
stated objects and functions of the Institute. 5.–(1) All the assets and liabilities of the cancer centre are
hereby without further assurance vested in the Institute. (2) The Institute shall be granted a right of occupancy over
the site previously occupied by the cancer centre or other place
upon such terms and conditions as the President may approve. Establishment
of Institute
Functions
of Institute
Vesting
of property

ntre or other place
upon such terms and conditions as the President may approve. Establishment
of Institute
Functions
of Institute
Vesting
of property

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THE OCEAN ROAD CANCER INSTITUTE ACT [CAP. 86 R.E. 2023]
(3) The Minister may, by order published in the Gazette,
vest in the Institute the control and management of any public
hospital or health facility involved in the performance of functions
similar, allied or auxiliary to those of the Institute. PART III
ADMINISTRATION
6.–(1) There is hereby established a Board of Trustees of the
Institute which shall consist of-
(a) a Chairman who shall be appointed by the President;
(b) the Director General of the Muhimbili National Hospital;
(c) the Registrar of the National Radiation Commission;
(d) a representative from the Ministry responsible for health;
(e) a representative from the Muhimbili University College of
Health Sciences;
(f) a law officer from the Office of the Attorney General
nominated in that behalf by the Attorney General; and
(g) three other members. (2) The members referred to in paragraphs (d), (e) and (g)
shall be appointed by the Minister. (3) The Executive Director shall be the Secretary but not a
member of the Board.

to in paragraphs (d), (e) and (g)
shall be appointed by the Minister. (3) The Executive Director shall be the Secretary but not a
member of the Board.

(4) The provisions of the Schedule to this Act shall apply
to the tenure of office of the members of the Board, the
proceedings of the Board and other matters included in the
Schedule. 7. The functions of the Board shall be-
(a) to manage on behalf of the Institute all the assets and
properties, movable and immovable, of the Institute in
such manner and for such purposes as in the opinion
of the Board would promote the best interests of the
Institute;
(b) to signify the acts of the Institute by use of the official
seal;
Board of Trustees
Functions of
Board of Trustees

est interests of the
Institute;
(b) to signify the acts of the Institute by use of the official
seal;
Board of Trustees
Functions of
Board of Trustees

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640
(c) subject to the provisions of this Act, to appoint such
employees of the Institute as the Board may consider
necessary for the performance of the functions of the
Institute; and
(d) to do all acts or things as may be provided for in this
Act or otherwise, as may in the opinion of the Board be
necessary or expedient for the proper performance of
the functions of the Institute. 8.–(1) There shall be an Executive Director of the Institute
who shall be appointed by the President on such terms and
conditions as may be specified in relation to his office. (2) The Executive Director shall be the Chief Executive
Officer of the Institute. 9. The Institute may, subject to any directions which the
Minister may give in that behalf, appoint on such terms and
conditions as the Board may determine, such 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.

er employees
of the Institute as the Board may consider necessary for the
proper and efficient conduct of the business and functions of
the Institute.

10.–(1) It shall be the duty of the Executive Director to-
(a) review and make recommendations in respect of
management and administration of the Institute;
(b) prepare or cause to be prepared draft annual corporate
plans and budget for consideration and adoption by
the Board;
(c) ensure the effective and efficient implementation of the
annual corporate plan of the Institute;
(d) prepare and submit to the Board quarterly progress
reports on the implementation of the annual corporate
plan of the Institute; and
(e) do all such other acts and things as may be necessary or
conducive to the effective and efficient discharge of the
functions of the Institute. Executive
Director
Appointment of
other employees
of Institute
Functions
and powers
of Executive
Director

discharge of the
functions of the Institute. Executive
Director
Appointment of
other employees
of Institute
Functions
and powers
of Executive
Director

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THE OCEAN ROAD CANCER INSTITUTE ACT [CAP. 86 R.E. 2023]
(2) In the performance of the functions under this Act, the
Executive Director 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 College of Health 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. 11.–(1) There shall be an Executive Management Team of the
Institute which shall, subject to the directions of the Board,
be constituted by such staff of the Institute and other persons
as the Board may, on the recommendation of the Executive
Director, determine.

e Board,
be constituted by such staff of the Institute and other persons
as the Board may, on the recommendation of the Executive
Director, determine.

(2) The Executive Management Team of the Institute shall,
under the chairmanship of the Executive Director, be the
principal advisory and executive organ of the Institute and be
responsible to the Board in the exercise of such functions as
may be conferred upon it by or under this Act subject to any
general and specific directions of the Board. 12. The Board shall be the final disciplinary authority in respect
of all the staff of the Institute. PART IV
FINANCIAL PROVISIONS
13. The funds and resources of the Institute shall consist of-
(a) such sums as may be appropriated by Parliament for
the purposes of the Institute;
(b) such sums as the Board may borrow for the purposes of
the Institute;
(c) such sums as may be payable to the Institute by way of
donations, gifts, grants, loans or bequests; and
(d) such sums as may in any manner become payable to
or vested in the Institute as a result or in the course of
discharging its functions under this Act. Executive
Management
Team
Discipline
Funds of Institute

ted in the Institute as a result or in the course of
discharging its functions under this Act. Executive
Management
Team
Discipline
Funds of Institute

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642
14.–(1) At least two months before the commencement of any
financial year, the Executive Director shall prepare or cause to
be prepared for the approval of the Board annual estimates of
the revenue and expenditure of the Institute for the ensuing
financial year. (2) The Board shall consider and approve, subject to such
modifications and amendments as it may consider appropriate,
the estimates prepared in accordance with subsection (1).

er and approve, subject to such
modifications and amendments as it may consider appropriate,
the estimates prepared in accordance with subsection (1).

(3) The annual budget estimates shall contain provisions for
all the estimated expenditure during the ensuing financial year
and in particular-
(a) for the payment of salaries, allowances and other charges
in respect of the staff, Board and any committees;
(b) for the payment of construction, improvement,
maintenance and replacement of any building or other
immovable property of the Institute;
(c) for the proper maintenance and replacement of the
furniture, equipment, drugs and supplies of the Institute;
and
(d) for the creation of such reserve funds to meet future
contingent liabilities as the Board may think fit. (4) An expenditure shall not be incurred for the 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 of every supplementary
estimate, if any, shall immediately after approval be forwarded
to the Minister. 15.

rd. (5) A copy of the annual estimates and of every supplementary
estimate, if any, shall immediately after approval be forwarded
to the Minister. 15.

The Board, with the approval of the Minister, shall have
power to invest the funds of the Institute in such investments
and subject to such conditions as are prescribed by the Trustees
Investments Act, in relation to investments of funds by a Trustee. 16. The Board may, with the approval of the Minister, prescribe
emoluments and allowances payable to the members of the
Board. Annual budget
estimates
Investment of
Institute funds
Cap. 53
Remuneration
of members of
Board

nts and allowances payable to the members of the
Board. Annual budget
estimates
Investment of
Institute funds
Cap. 53
Remuneration
of members of
Board

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THE OCEAN ROAD CANCER INSTITUTE ACT [CAP. 86 R.E. 2023]
17.–(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 every financial year a balance sheet
showing the details of the income and expenditure of the
Institute and all its assets and liabilities. (2) Within not 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. (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 Controller and Auditor-General on the
statement of accounts. 18.

y
of the audited statement of accounts together with a copy of
the report made by the Controller and Auditor-General on the
statement of accounts. 18.

The Minister shall, as soon as practicable, after receiving
the documents referred to in section 17(3) lay before the National
Assembly a report containing a copy of-
(a) the audited accounts of the Institute;
(b) the auditor’s report, if any; and
(c) the Executive Director’s report on the activities of the
Institute in the preceding financial year. 19. The Executive Director shall, at the end of each financial
year, prepare a report on the activities of the Institute during
that financial year and submit such report to the Minister. PART V
MISCELLANEOUS PROVISIONS
20. A matter or thing done by any member of the Board shall
not, if done bona fide in the execution or in the purported
execution of the functions of the Board, render such member
personally liable for such matter or thing. Accounts and
audit
Financial
report to be laid
before National
Assembly
Executive
Director’s report
Indemnity for
bona fide acts

such matter or thing. Accounts and
audit
Financial
report to be laid
before National
Assembly
Executive
Director’s report
Indemnity for
bona fide acts

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644
21. An act or proceeding of the Board 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. 22. The Minister may give to the Board directions of a general or
specific character which directions shall be consistent with the
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 every direction given by the Minister.

, as to the performance by
the Board of any of its functions under this Act, and the Board
shall give effect to every direction given by the Minister.

23.–(1) With the consent of the Minister, the Board may
make regulations for the better carrying out of the purposes and
provisions of this Act, and without prejudice to the generality
of this subsection, may make regulations-
(a) prescribing the conditions and terms upon which any
specified facilities or services within the scope of the
functions of the Institute shall be provided to members
of the public and other persons;
(b) fixing the 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
of the Institute and disciplinary proceedings against
them;
(e) providing for any matter which, in the opinion of
the Board, is necessary to provide for the efficient
performance of the functions of the Institute; and
(f) prescribing anything which may be prescribed under
this Act. (2) Regulations made under this section shall be published
in the Gazette:
Validity of acts of
Board
Minister may
give directions
to Board
Regulations

(2) Regulations made under this section shall be published
in the Gazette:
Validity of acts of
Board
Minister may
give directions
to Board
Regulations

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THE OCEAN ROAD CANCER INSTITUTE ACT [CAP. 86 R.E. 2023]
Provided that, where the regulations made are not of
general application the Board may, in addition to or in lieu
of publication in the Gazette, publish the regulations in such
manner as shall, in the opinion of the Board, ensure the
contents of the regulations come to the notice of the persons
or categories of persons in respect of which they apply and
of the members of the public who might be affected by the
regulations. SCHEDULE
(Made under section 6(4))
PROVISIONS RELATING TO TENURE AND
PROCEEDINGS OF THE BOARD
1.–(1) Subject to subparagraph (2), a member shall hold office for a
period of three years and be eligible for re-appointment. (2) A person who is a member by virtue of his 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.

a member by virtue of his 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.

(3) 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 no date is so specified, from the date of the receipt of the notice
by the appointing authority. 2. Where any member other than the Chairman is by reason of illness,
absent from the United Republic or any 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 such 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.

irman 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
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 Executive Director shall
be bound to convene a special meeting of the Board upon receipt of a
Tenure of
appointment
Temporary
member
Meetings

nce, the Executive Director shall
be bound to convene a special meeting of the Board upon receipt of a
Tenure of
appointment
Temporary
member
Meetings

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646
request in writing in that behalf, signed by not less than five members
and a 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 temporary Chairman elected
in accordance with the provisions of subparagraph (2) of paragraph 4
presiding at any meeting of the Board may invite any person who is
not a member to participate in the deliberations of the Boards, but any
person so invited shall not be entitled to vote. 4.–(1) One half of the total number of members shall form a quorum
for a meeting of the Board. (2) The Chairman shall preside at every meeting of the Board and
in the absence of the Chairman from a meeting of the Board members
present shall elect one of their number to be a temporary chairman of
that meeting.

in the absence of the Chairman from a meeting of the Board members
present shall elect one of their number to be a temporary chairman of
that meeting.

(3) At any 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. (4) The Board may act notwithstanding any vacancy in its
membership. 5. Notwithstanding the provisions of paragraph 4, where the Chairman
or, in his absence, the temporary Chairman so directs, a decision may
be made by the Board without a meeting by circulation of the relevant
papers among all 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 be 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 such 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 such 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. All 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
(c) any other member of the Board or employee of the Institute
authorised in writing in that behalf by the Board. Procedure
Decision by
circulation of
papers
Minutes of
meetings
Official seal of
Institute
Execution of
documents

writing in that behalf by the Board. Procedure
Decision by
circulation of
papers
Minutes of
meetings
Official seal of
Institute
Execution of
documents

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THE OCEAN ROAD CANCER INSTITUTE ACT [CAP. 86 R.E. 2023]
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 any person who purported bona fide to act 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 any 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

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