The Private Hospitals (Regulation) Act

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CHAPTER 151
THE PRIVATE HOSPITALS (REGULATION) ACT
[PRINCIPAL LEGISLATION]
Arrangement of Sections
Section Title
part i
PRELIMINARY PROVISIONS
1. Short title. 2. Application of this Act and exemptions. 3. Interpretation. part ii
APPOINTMENT OF OFFICERS AND RESTRICTION ON
MANAGEMENT OF PRIVATE HOSPITALS
4. Appointment of Registrar and Assistant Registrars. 5. Restriction on management of private hospitals. 6. Power of Minister to approve organisations. 7. Board. 8. Power of Board to approve persons. 9. Entitlement to practise for fees. 10. No fees recoverable unless persons or organisations approved. 11. Particulars of approved organisations or persons to be registered and published. 12. Revocation of approval. part iii
REGISTRATION OF PRIVATE HOSPITALS
13. Registration of private hospitals. 14. Duties of Registrar in relation to registered hospitals. 15. Cancellation of registration of hospitals. part iv
CONTROL OF FEES CHARGEABLE BY PRIVATE HOSPITALS
IN RESPECT OF MEDICAL TREATMENT
16. Interpretation. 17.

ellation of registration of hospitals. part iv
CONTROL OF FEES CHARGEABLE BY PRIVATE HOSPITALS
IN RESPECT OF MEDICAL TREATMENT
16. Interpretation. 17.

Power of Minister to determine price structures. 18. Decisions of Minister not subject to review by courts. 19. Publication of maximum prices.

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422
20. Display of maximum prices.
21. Books of accounts and other records.
22. Issue of receipts.
part v
REGULATION OF SCALES OF EMOLUMENTS PAYABLE TO MEDICAL
PRACTITIONERS EMPLOYED AT PRIVATE HOSPITALS
23. Regulation of scales of salaries of medical practitioners.
24. Enforcement of statutory maximum salaries.
25. Records of salaries to be kept.
26. Agreements designed to evade this Act.
part vi
GENERAL PROVISIONS
27. Inspection and search.
28. Offences by organisations.
29. Repealed.
30. Regulations.
31. Omitted.

ed to evade this Act.
part vi
GENERAL PROVISIONS
27. Inspection and search.
28. Offences by organisations.
29. Repealed.
30. Regulations.
31. Omitted.

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CHAPTER 151
THE PRIVATE HOSPITALS (REGULATION) ACT
An Act to make provisions to restrict the management of private hospitals
to approved persons and organisations, to control fees and other charges
payable in respect of medical treatment and other services rendered by
private hospitals, to regulate scales of emoluments payable to medical
practitioners employed at private hospitals, and to make other provisions
for related matters.1
[1st March, 1978]
[GN. No. 24 of 1978]
Acts Nos. 6 of 1977
26 of 1991
13 of 2023
1 The long title is amended by Act No. 26 of 1991, s. 2. PART I
PRELIMINARY PROVISIONS
1. This Act may be cited as the Private Hospitals (Regulation)
Act.

e long title is amended by Act No. 26 of 1991, s. 2. PART I
PRELIMINARY PROVISIONS
1. This Act may be cited as the Private Hospitals (Regulation)
Act.

2.–(1) Subject to the provisions of subsection (2), this Act
shall apply to all persons concerned with the management
of private hospitals, whether as owners or employees of the
private hospitals:
Provided that, in the case of a private hospital which is in
existence on the date of the enactment of this Act, the provisions
of this Act shall not apply in relation to that hospital until the
Minister has, by notice in the Gazette, specify the hospital and
the date from which the provisions of this Act shall apply in
relation to the hospital. Short title
Application and
exemptions

pecify the hospital and
the date from which the provisions of this Act shall apply in
relation to the hospital. Short title
Application and
exemptions

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424
(2) The Minister may, if in his opinion it is in the public
interest to do so, by notice published in the Gazette, exempt
from all or any of the provisions of this Act, either absolutely
or subject to such conditions as he may think fit any private
hospital or any person. (3) Notwithstanding any provision contained in this Act to
the contrary, a medical practitioner shall not be deemed to be
in contravention of any requirement prescribed by or under
this Act in respect of anything done by him anywhere for the
purpose of rendering medical treatment, free of charge, to any
person-
(a) in an emergency situation; or
(b) who is a member of his household or under his control.

ndering medical treatment, free of charge, to any
person-
(a) in an emergency situation; or
(b) who is a member of his household or under his control.

3.–(1) In this Act, unless the context otherwise requires-
“approved organisation” means an organisation approved by
the Minister under section 6 to manage a private hospital
in accordance with the provisions of this Act;
“approved person” means a duly qualified medical
practitioner or dentist approved by the Minister pursuant
to section 8 to manage a private hospital in accordance
with the provisions of this Act;
“Board” means the Private Hospitals Advisory Board
established by section 7;
“hospital” means any institution for the reception and
medical treatment of persons who are injured, infirm
or suffering from illness, and includes a dispensary,
maternity home, clinic (whether mobile or not) and
also any place or premises used for purposes of medical
treatment, whether regularly or periodically;
“medical officer” means a medical practitioner in the
employment of the Government;
“medical practitioner” means a person for the time being
authorised to practise the medical profession by virtue of
his being registered or licensed under the provisions of
the Medical Practitioners and Dentists Act;
Interpretation
Act No. 26 of 1991 s. 3
Cap. 152

f
his being registered or licensed under the provisions of
the Medical Practitioners and Dentists Act;
Interpretation
Act No. 26 of 1991 s. 3
Cap. 152

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THE PRIVATE HOSPITALS (REGULATION) ACT [CAP. 151 R.E.

ts reserved. No part of this book may be reproduced or distributed without permission of OAG.425
THE PRIVATE HOSPITALS (REGULATION) ACT [CAP. 151 R.E.

2023]
“medical treatment” includes dentistry, surgery, obstetrics,
nursing, the administration of medicine, health
counselling and the provision of any other service or
the supply of any goods in connection with any of the
matters specified in this definition, but does not included
veterinary surgery;
“Minister” means the Minister responsible for matters
relating to medical and health services;
“organisation” includes any society, association or other body
of persons, whether or not incorporated under any written
law, and also a person recognised as a corporation sole under
the law for time being in force relating to corporations;
“private hospital” means any hospital other than a public
hospital;
“public hospital” means any hospital which is within any
one of the following descriptions-
(a) a hospital owned by the Government;
(b) a hospital owned by any corporation or company which
is owned by the Government, either alone or jointly
with any person or organisation, or which is owned by
any subsidiary of any corporation or company of that
description;
(c) a hospital owned by any organisation, the management
of which is wholly or partly financed or materially
aided from the public revenue;
(d) a hospital owned by any international organisation of
which the United Republic is a member; and
(e) any other hospital which the Minister may, by notice
published in the Gazette, declare to be a public hospital
for purposes of this Act.

mber; and
(e) any other hospital which the Minister may, by notice
published in the Gazette, declare to be a public hospital
for purposes of this Act.

(2) For purposes of enabling members of the public to
distinguish between private hospitals of approved organisations
and public hospitals, the Minister may give directions in writing
requiring all private hospitals to be identified by such means as he
may prescribe in the directions and every approved organisation
or person concerned shall comply with those directions.

identified by such means as he
may prescribe in the directions and every approved organisation
or person concerned shall comply with those directions.

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426
(3) In the interpretation or application of the provisions of
this Act, the following rules shall apply-
(a) a person shall be deemed to manage a private hospital
if, for himself or on behalf of any other person, he
actually renders or holds himself out as ready and
willing to render medical treatment on payment to a
person attending the hospital;
(b) medical treatment shall be deemed to have been
rendered to a person at a private hospital irrespective
of whether the treatment is rendered to him alone or
jointly with other persons at a time and whether it is
rendered to him on one or more occasions; and
(c) where two or more places or sets of premises, whether
comprised in one or more rights of occupancies, are
used collectively as a single unit for purposes of a private
hospital, there shall be deemed to be one hospital and
references to “hospital” shall be construed accordingly.

single unit for purposes of a private
hospital, there shall be deemed to be one hospital and
references to “hospital” shall be construed accordingly.

PART II
APPOINTMENT OF OFFICERS
AND RESTRICTION ON
MANAGEMENT OF PRIVATE HOSPITALS
4.–(1) The Minister shall appoint a public officer to be a
Registrar of Private Hospitals and may appoint any number
of other public officers to be Assistant Registrars of Private
Hospitals as he may consider necessary. (2) The Registrar shall perform the duties prescribed in
relation to his office by or under this Act and shall discharge
such other functions and duties as the Minister or the Board
may direct or prescribe by regulations made under this Act. (3) An Assistant Registrar shall assist the Registrar in the
performance of his duties under this Act and may, under the
direction of the Registrar, exercise any of the functions of the
Registrar. Appointment
of Registrar
and Assistant
Registrars
Act No. 26 of 1991 s. 4

direction of the Registrar, exercise any of the functions of the
Registrar. Appointment
of Registrar
and Assistant
Registrars
Act No. 26 of 1991 s. 4

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MANAGEMENT OF PRIVATE HOSPITALS [CAP. 151 R.E. 2023]
5.–(1) An individual shall not manage or cause to be managed
any private hospital unless-
(a) he does so on behalf of an approved organisation; or
(b) he is an approved person. (2) An individual or organisation shall not manage any
private hospital unless he is an approved person or approved
organisation and there is subsisting in respect of the hospital
and the individual valid registration made in accordance with
the provisions of this Act. (3) A person who contravenes or fails or refuses to comply
with the provisions of this section commits an offence and on
conviction, shall be liable to a fine not exceeding two hundred
thousand shillings or to imprisonment for a term not exceeding
five years or to both. 6.–(1) Subject to the provisions of this Act, the Minister may,
on receipt of an application, approve or renew the approval of
any organisation for the purpose of the management by that
organisation of a private hospital.

ipt of an application, approve or renew the approval of
any organisation for the purpose of the management by that
organisation of a private hospital.

(2) The Minister may refuse to approve or renew the approval
of any organisation under this section without assigning any
reasons for the refusal. (3) An application for approval or renewal of approval
under this section shall be made to the Minister in writing
specifying the name and address of the organisation, the
private hospital in respect of which the application is made,
and setting out such other information as may be prescribed
by any regulations made under this Act. (4) Approval of an organisation under this section-
(a) shall be in writing under the hand of the Minister and
shall be given free of charge;
(b) subject to section 12, shall be valid for such period as
may be specified by the Minister and may be renewed;
and
(c) shall not be transferable. Restriction on
management of
private hospitals
Act No. 26 of 1991 s. 5
Power of Minister
to approve
organisations
Act No. 26 of 1991 s. 6

ransferable. Restriction on
management of
private hospitals
Act No. 26 of 1991 s. 5
Power of Minister
to approve
organisations
Act No. 26 of 1991 s. 6

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428
7.–(1) There is hereby established a Board to be known as the
Private Hospitals Advisory Board which shall, subject to this
Act, be responsible to the Minister for the registration, control
and regulation of the business of private hospitals and of
persons and organisations running private hospitals. (2) The Board shall consist of-
(a) the Chief Medical Officer, who shall be the Chairman;
(b) a legally qualified person nominated by the Attorney
General from amongst persons employed in the Office
of the Attorney General;
(c) the Commissioner of Insurance or a person nominated
on his behalf from the Tanzania Insurance Regulatory
Authority; and
(d) not more than four other members appointed by the
Minister.

a person nominated
on his behalf from the Tanzania Insurance Regulatory
Authority; and
(d) not more than four other members appointed by the
Minister.

(3) In appointing members of the Board the Minister
shall have regard to the need to appoint persons with such
qualifications and experience in medicine and the conduct
or management of public affairs as would enable them to
contribute fully and effectively to the discharge of the functions
of the Board. (4) The Minister shall, by regulations published in the
Gazette, provide for the constitution and proceedings of and
other matters in relation to the Board. (5) The functions of the Board shall be-
(a) to consider, decide upon and advise the Minister on
all applications for approval made by individuals and
organisations;
(b) to consider and advise the Minister on the suitability of
any premises for a private hospital;
(c) to keep and maintain a register for the registration of
approved persons; and
(d) subject to any directions of the Minister, to carry out
such other functions as may be conferred upon the
Board by any written law or as are incidental to the
performance of its functions under this Act. (6) The Registrar shall be the Secretary of the Board. Board
Acts Nos. 26 of 1991 s. 7
13 of 2023 s. 67

e
performance of its functions under this Act. (6) The Registrar shall be the Secretary of the Board. Board
Acts Nos. 26 of 1991 s. 7
13 of 2023 s. 67

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MANAGEMENT OF PRIVATE HOSPITALS [CAP. 151 R.E. 2023]
8.–(1) The Board shall, upon receipt of an application, consider
it and advise the Minister whether or not the applicant is
properly qualified for approval to manage a private hospital. (2) The Minister shall, by regulations under this section,
prescribe requirements which persons must fulfil in order to
qualify for approval under this section, and such requirements
may include the payment of a fee or fees. (3) Save as the Minister may provide to otherwise in
regulations made under subsection (2), the provisions of
sections 6, 11 and 12 shall apply, mutatis mutandis, to the
approval, registration and revocation of approval of persons as
they apply to organisations. 9. An approved person and organisation shall, subject to this
Act, be entitled to demand, sue for, and recover in any court
of competent jurisdiction with full costs of suit, reasonable
charges for professional aid, advice and visits, and the value
of any medicine or any medical, surgical or dental appliances
rendered or supplied. 10.

charges for professional aid, advice and visits, and the value
of any medicine or any medical, surgical or dental appliances
rendered or supplied. 10.

A person or organisation shall not be entitled to recover
any charge in any court by way of claim, counter claim, set off
or otherwise for any medical or surgical advice or attention
or for the performance of any operation as or by a medical
practitioner or dentist or for any medicine prescribed or
supplied within the United Republic unless such person or
organisation is at the time approved under this Act. 11.–(1) The Registrar shall keep a register in the prescribed
form in which he shall enter the name of every approved
organisation or person and such other particulars relating to
the organisation as he may consider relevant, and shall delete or
amend any of those particulars as circumstances may require. (2) At least once each year the Registrar shall publish in
the Gazette or in any national newspaper a list of all approved
organisations or persons whose approval is still in force. Power of Board to
approve persons
Act No. 26 of 1991 s. 7
Entitlement to
practise for fees
Act No. 26 of 1991 s. 7
No fees
recoverable
unless persons
or organisations
approved
Act No. 26 of 1991 s. 7
Particulars
of approved
organisations
or person to be
registered and
published

erable
unless persons
or organisations
approved
Act No. 26 of 1991 s. 7
Particulars
of approved
organisations
or person to be
registered and
published

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430
12. The Minister may at any time revoke any approval or its
renewal given under section 6 if he is satisfied that-
(a) the approved organisation or person has ceased to be
eligible for approval in the terms of subsection (2); or
(b) the approved organisation or person is managing
a private hospital for one or more of the purposes
specified in subsection (3); or
(c) the approved organisation or person is no longer fit to
manage a private hospital. PART III
REGISTRATION OF PRIVATE HOSPITALS
13.–(1) An approved organisation or person shall not manage
any private hospital unless the hospital is registered under this
section. (2) An application for registration of a private hospital shall
be made to the Minister in writing specifying the hospital in
respect of which the application is made and setting out such
other particulars relating to the approved organisation or
person or to the hospital as may be prescribed by regulations
made under this Act.

out such
other particulars relating to the approved organisation or
person or to the hospital as may be prescribed by regulations
made under this Act.

(3) There shall be separate registration in respect of every
private hospital managed by an approved organisation or
person. (4) The registration of a private hospital under this section
shall become void upon the expiration of thirty days from the
date of any change in the ownership or management of the
hospital. (5) On receipt of an application together with the prescribed
fees, if any, for the registration of a private hospital under this
section, the Minister may approve or refuse to approve the
application and where the Minister approves the application
he shall direct the Registrar to register the private hospital
specified in the application and issue to the applicant a
certificate of registration in the prescribed form either without
Revocation of
approval
Registration of
private hospitals
Act No. 26 of 1991 s. 8

t a
certificate of registration in the prescribed form either without
Revocation of
approval
Registration of
private hospitals
Act No. 26 of 1991 s. 8

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MANAGEMENT OF PRIVATE HOSPITALS [CAP. 151 R.E. 2023]
conditions or upon such conditions as the Minister may
prescribe. (6) A certificate of registration issued under this section in
respect of a private hospital shall be displayed in a conspicuous
position within the premises of the hospital.

istration issued under this section in
respect of a private hospital shall be displayed in a conspicuous
position within the premises of the hospital.

(7) Without prejudice to the general power conferred
upon the Minister by subsection (5) to refuse to approve an
application under this section, the Minister may refuse to
register a private hospital if he is satisfied that-
(a) the applicant is not an approved organisation or person
or is not an organisation which is eligible for approval
in the terms of subsection (1) of section 6;
(b) the private hospital specified in the application is not
under the charge of a medical practitioner or other
person who is fit to manage a hospital or a hospital of
the description given in the application; or
(c) for reasons connected with the situation, construction,
accommodation, staffing or equipment of the private
hospital or of any premises used in connection with the
hospital, it is not in the public interest to register the
hospital.

equipment of the private
hospital or of any premises used in connection with the
hospital, it is not in the public interest to register the
hospital.

(8) A person who manages a private hospital which is not
registered under this Act or any private hospital the registration
of which has been cancelled or has ceased to have effect for
any other reason commits an offence and on conviction shall
be liable to a fine not exceeding fifty thousand shillings or to
imprisonment for a term not exceeding three years or to both. 14.–(1) The Registrar shall keep a register in the prescribed
form in which he shall enter the name of every private hospital
approved by the Minister for registration under section 13
and such other particulars relating to the hospital as he may
consider relevant, and shall delete or amend any of those
particulars as circumstances may require. (2) At least once each year the Registrar shall publish in
the Gazette or in any national newspaper a list of all private
hospitals the registration of which is still in force. Duties of
Registrar in
relation to
registered
hospitals

ational newspaper a list of all private
hospitals the registration of which is still in force. Duties of
Registrar in
relation to
registered
hospitals

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432
15.–(1) Where, in respect of any registered private hospital,
the Minister is satisfied that-
(a) the premises of the hospital are no longer fit to be used
as a hospital by reason of their being kept in an unclean
or insanitary condition;
(b) provision made for the medical treatment of persons
attending the hospital is inadequate; or
(c) the approved organisation or person responsible for the
management of the hospital has failed to comply with
any regulations made under this Act relating to the
staff, accommodation or equipment to be provided at a
private hospital or prescribing minimum standards of
diet to be provided to person admitted to the hospital
as in-patients,
the Minister may, by notice in writing, require the approved
organisation or person to remedy to the satisfaction of the
Minister defects specified in the notice within such period as
he may specify in the notice.

ganisation or person to remedy to the satisfaction of the
Minister defects specified in the notice within such period as
he may specify in the notice.

(2) Where the approved organisation or person fails to
comply with the requirements of a notice under subsection
(1) within the specified period, the Minister may, after calling
upon the approved organisation or person to show cause why
the registration of the hospital should not be cancelled, cancel
the registration. PART IV
CONTROL OF FEES CHARGEABLE
BY PRIVATE HOSPITALS
IN RESPECT OF MEDICAL TREATMENT
16. In this Act, the term “price”, when used in relation to
medical treatment, means any fee or other payment of any
description charged or chargeable by any private hospital in
respect of medical treatment rendered to any person. Cancellation of
registration of
hospitals
Act No. 26 of 1991 s. 8
Interpretation

vate hospital in
respect of medical treatment rendered to any person. Cancellation of
registration of
hospitals
Act No. 26 of 1991 s. 8
Interpretation

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IN RESPECT OF MEDICAL TREATMENT [CAP. 151 R.E. 2023]
17.–(1) The Minister may, determine and review, in accordance
with the provisions of this Act, the price structures of medical
treatment rendered by private hospitals either on a national
basis or in relation to any particular area or areas. (2) In the exercise of the power conferred upon him
by subsection (1) to determine price structures in relation
to medical treatment the Minister shall have power to fix
maximum prices of any type of medical treatment rendered
by private hospitals and to prescribe the manner in which the
maximum prices shall be ascertained.

um prices of any type of medical treatment rendered
by private hospitals and to prescribe the manner in which the
maximum prices shall be ascertained.

(3) In determining the price structures of any type of
medical treatment the Minister shall have regard to-
(a) the types of medical treatment essential to the
community available at private hospitals and at public
hospitals;
(b) the need to prevent unduly rapid or frequent variation
in prices;
(c) the need to maintain reasonable standards of services
rendered by private hospitals;
(d) the need to promote the continued ability of private
hospitals to maintain efficiency and expand their
services to supplement services rendered by public
hospitals; and
(e) the need to ensure the availability of adequate medical
and health services in rural as well as urban areas. (4) In addition to the factors specified in subsection (3),
in determining the maximum price of medical treatment the
Minister shall take into account the cost of material, if any,
used, the direct and overhead costs of providing the service and
the level of any duties or taxes collected from private hospitals
and such other factors as the Minister may consider relevant.

viding the service and
the level of any duties or taxes collected from private hospitals
and such other factors as the Minister may consider relevant.

(5) In the exercise of his powers under this section the
Minister shall have power-
(a) to receive and review applications for determination
or variation of maximum prices from approved
organisations and person;
Power of Minister
to determine
price structures
Act No. 26 of 1991 s. 8

ination
or variation of maximum prices from approved
organisations and person;
Power of Minister
to determine
price structures
Act No. 26 of 1991 s. 8

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434
(b) to receive and review applications or representations in
respect of prices from any person or organisation or
from any public authority;
(c) to refer to any public authority any matter relating to
prices of medical treatment for the purpose of obtaining
advice on the matter; and
(d) notwithstanding any written law to the contrary, to
secure access to relevant data concerning the provision
of medical treatment from any person or organisation
or from any public authority. (6) The Minister may, by notice in writing, require
any approved organisation or person responsible for the
management of any private hospital to produce to him, within
such period as he may specify in the notice-
(a) books of account or other records relating to the
management of the hospital;
(b) a return of income made by the approved organisation
or person in respect of any year for purposes of
assessment of income tax or other similar taxes; and
(c) such other information as the Minister may consider
relevant. 18.

of any year for purposes of
assessment of income tax or other similar taxes; and
(c) such other information as the Minister may consider
relevant. 18.

A decision of the Minister made in accordance with the
provisions of this Act relating to prices shall not be subject to
review by any court on any ground. 19.–(1) Where the Minister has fixed the maximum price of
any type of medical treatment he shall issue a notice setting
out a description of the type of medical treatment and the
maximum price fixed in relation to it. (2) A notice issued under subsection (1) may be published
in any manner as will, in the opinion of the Minister, ensure
that its contents come to the notice of members of the public
who will or are likely to be affected by the contents of the
notice. Decisions of
Minister not
subject to review
by courts
Publication of
maximum prices
Act No. 26 of 1991 s. 8

be affected by the contents of the
notice. Decisions of
Minister not
subject to review
by courts
Publication of
maximum prices
Act No. 26 of 1991 s. 8

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IN RESPECT OF MEDICAL TREATMENT [CAP. 151 R.E. 2023]
(3) With effect from the date of the publication of any notice
under this section or any subsequent date specified in the notice
the maximum price of the type of medical treatment described
in the notice shall be the price described in relation to it. (4) A person who renders medical treatment at any private
hospital at a price in excess of the maximum price fixed in
relation to that type of medical treatment commits an offence
and on conviction shall liable to a fine not exceeding one
hundred and fifty thousand shillings or to imprisonment for a
term not exceeding three years or to both.

tion shall liable to a fine not exceeding one
hundred and fifty thousand shillings or to imprisonment for a
term not exceeding three years or to both.

20.–(1) The Minister may, by order published in the Gazette,
require any approved organisation or person responsible
for the management of any private hospital to display in a
prominent manner and in a conspicuous position so that it
may be easily read and is clearly legible to patients in those
parts of the premises of the hospital where medical treatment
is rendered, a list of the current maximum prices of such types
of medical treatment as are mentioned in the order which the
approved organisation or person may render. (2) An order under this section may provide for the form
in which the list of maximum prices which it requires to be
displayed shall be arranged. (3) A person responsible for the management of any private
hospital who fails to display at the hospital a list of current
maximum prices fixed in relation to medical treatment
commits an offence and on conviction shall be liable to a fine
not exceeding fifty thousand shillings or imprisonment for a
term not exceeding twelve months or to both.

and on conviction shall be liable to a fine
not exceeding fifty thousand shillings or imprisonment for a
term not exceeding twelve months or to both.

21.–(1) An approved organisation or person responsible for the
management of a private hospital rendering medical treatment
in respect of which maximum prices have been fixed under
this Act shall keep books of account or other records in respect
of the medical treatment and shall make such entries in those
books or records as may be prescribed by regulations made
under this Act. Display of
maximum prices
Act No. 26 of 1991 s. 8
Books of accounts
and other records
Act No. 26 of 1991 s. 8

ibed by regulations made
under this Act. Display of
maximum prices
Act No. 26 of 1991 s. 8
Books of accounts
and other records
Act No. 26 of 1991 s. 8

©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.IN RESPECT OF MEDICAL TREATMENT [CAP. 151 R.E. 2023]
436
(2) The approved organisation or person shall, after the
last entry in every book of account or record kept under this
section, preserve the book or record for a period of two years
or such longer period as may be prescribed by regulations
made under this Act. 22.–(1) A person in charge of a private hospital which renders
to any person medical treatment in respect of which a maximum
price has been fixed under this Act and for which a price is paid
or is to be paid shall, as soon as possible after the treatment is
rendered, supply to the person a receipt or an invoice describing
the type of treatment rendered and showing the price which has
been or is to be paid for the treatment. (2) A person who issues a receipt or an invoice under this
section shall retain in the records of the private hospital a
duplicate copy of the receipt or invoice.

who issues a receipt or an invoice under this
section shall retain in the records of the private hospital a
duplicate copy of the receipt or invoice.

(3) A person in charge of any private hospital who fails to
comply with the provisions of subsection (1) or of subsection
(2), commits an offence and on conviction shall be liable to
a fine not exceeding one hundred thousand shillings or to
imprisonment for a term not exceeding twelve months or
to both. PART V
REGULATION OF SCALES OF EMOLUMENTS
PAYABLE TO MEDICAL PRACTITIONERS
EMPLOYED AT PRIVATE HOSPITALS
23.–(1) Whenever the Minister is of the opinion that it is in
the public interest that the scales of emoluments payable to
medical practitioners employed at private hospitals should
be controlled or that the scales of emoluments be reviewed,
he may determine or review the scales of emoluments in
accordance with the provisions of this Act. Issue of receipts
Regulation of
scales of salaries
of medical
practitioners
Act No. 26 of 1991 s. 8

nts in
accordance with the provisions of this Act. Issue of receipts
Regulation of
scales of salaries
of medical
practitioners
Act No. 26 of 1991 s. 8

©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.437
IN RESPECT OF MEDICAL TREATMENT [CAP. 151 R.E. 2023]
(2) In the exercise of the power conferred upon him
by subsection (1), the Minister shall have power to fix the
maximum scale of basic salaries or wages or remuneration
as well as allowances and other benefits, in this Act referred
to collectively as “salaries”, payable or accruing to medical
practitioners generally or medical practitioners of any
particular category in respect of services rendered under a
contract of service or an agreement or any other arrangement.

medical practitioners of any
particular category in respect of services rendered under a
contract of service or an agreement or any other arrangement.

(3) In determining maximum salaries the Minister shall
have regard to-
(a) differences in basic qualifications, experience and levels
of skill and responsibility among medical practitioners
of any particular specialisation or between medical
practitioners of different branches of the medical
profession;
(b) the need to maintain the highest standards of efficiency
in the practice of the medical profession;
(c) the need to maintain and expand the level of employment
of medical practitioners at private hospitals; and
(d) the need to maintain a fair relation between the incomes
of different sectors of the community.

of medical practitioners at private hospitals; and
(d) the need to maintain a fair relation between the incomes
of different sectors of the community.

(4) In the exercise of his powers under this section the
Minister shall have power-
(a) to receive and review applications for the determination
and, subject to subsection 3 of section 24, variation of
maximum salaries;
(b) to receive and review applications or representations
in respect of salaries of medical practitioners from any
organisation or from any public authority;
(c) to refer to any public authority any matter relating to
salaries of medical practitioners for the purpose of
obtaining advice on the matter; and
(d) notwithstanding any written law to the contrary, to
secure access to relevant data concerning the payment
of salaries of medical practitioners from any person or
organisation or from any public authority.

cure access to relevant data concerning the payment
of salaries of medical practitioners from any person or
organisation or from any public authority.

©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.IN RESPECT OF MEDICAL TREATMENT [CAP. 151 R.E. 2023]
438
(5) The Minister may, by notice in writing, require
any approved organisation or person responsible for the
management of any private hospital to submit to him, within
such period as he may specify in the notice-
(a) particulars relating to scales of salaries applicable to
medical practitioners employed at any private hospital
managed by the organisation or person;
(b) particulars of sums of money which it is expected the
organisation or person will receive during the current
financial year of the organisation and the sources from
which the sums of money are expected; and
(c) particulars of the estimated expenditures of the
organisation or person during the current financial
year of the organisation.

y are expected; and
(c) particulars of the estimated expenditures of the
organisation or person during the current financial
year of the organisation.

(6) On receipt of the particulars specified in subsection
(5), the Minister may approve without amendment the scales
of salaries submitted by the organisation or he may, if in his
opinion it is in the public interest to do so, by order in writing
under his hand require the organisation to vary its scales of
salaries to conform to maximum limits prescribed in the order
within such period as the Minister may specify in the order
and the organisation shall comply with the requirement. (7) A scale of salary the maximum of which has been fixed
by the Minister under subsection (2) or the maximum of which
has been approved or determined in accordance with an order
of the Minister pursuant to subsection (6) shall be known
as the “statutory maximum salary” and shall be enforced in
accordance with the provisions of this Act. 24.–(1) The Minister shall publish in the Gazette a notice
setting out particulars relating to every statutory maximum
salary fixed or approved or determined by him under section
23 and shall include in those particulars a description of
the category of medical practitioners to whom the statutory
maximum salary is applicable. Enforcement
of statutory
maximum
salaries

s a description of
the category of medical practitioners to whom the statutory
maximum salary is applicable. Enforcement
of statutory
maximum
salaries

©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.439
IN RESPECT OF MEDICAL TREATMENT [CAP. 151 R.E. 2023]
(2) Every statutory maximum salary published in the
Gazette shall-
(a) not be liable to be challenged, reviewed or questioned
in any court on any ground;
(b) be binding on the employers or approved organisations
or person and medical practitioners to whom it
relates; notwithstanding any provision to the contrary
in any written laws contract, agreement or any other
arrangement; and
(c) be an implied term of the contract, agreement or other
arrangement between the employers or approved
organisations or persons and medical practitioners to
whom it relates, and the conditions of service to be
observed under the contract, agreement or arrangement
shall be in accordance with the statutory maximum
salary so published until varied by a subsequent notice
published in the Gazette.

ent or arrangement
shall be in accordance with the statutory maximum
salary so published until varied by a subsequent notice
published in the Gazette.

(3) Except with the permission of the Minister, no
application shall be made under subsection (4) of section 23 to
vary any statutory maximum salary published in the Gazette
within twelve months of the date of its coming into force. 25. An approved organisation responsible for the management
of any private hospital shall keep records relating to salaries
paid to medical practitioners employed at the hospital and
shall preserve all those records for a period of two years or
such longer period as may be prescribed by regulations made
under this Act. 26. On or after the enactment of this Act it shall be unlawful
for any employer or organisation to alter, vary or amend,
whether or not with the consent of the medical practitioner,
any term of any contract, agreement or arrangement with the
medical practitioner which is designed to defeat or modify
the provisions of this Act is relation to the salary payable to
the medical practitioner. Records of
salaries to be kept
Agreements
designed to evade
this Act

isions of this Act is relation to the salary payable to
the medical practitioner. Records of
salaries to be kept
Agreements
designed to evade
this Act

©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.IN RESPECT OF MEDICAL TREATMENT [CAP. 151 R.E. 2023]
440
PART VI
GENERAL PROVISIONS
27.–(1) The Registrar of private hospitals, an Assistant Registrar
of private hospitals, a medical officer or any other public officer
authorised by the Minister in writing for that purpose, may if
he has reasonable cause to believe that medical treatment is
being given on any premises used as a private hospital, demand
that the person in charge of those premises shall allow him free
entry to the premises and afford him all reasonable facilities to
ascertain whether the medical treatment is being rendered in
accordance with the provisions of this Act or of the regulations
made under it. (2) Where the officer after producing proof of his authority
to any person who may reasonably require that proof, is unable
to gain entry to the premises without unreasonable delay or
inconvenience, he may enter the premises without warrant
and inspect them to ascertain the matters specified under
subsection (1).

reasonable delay or
inconvenience, he may enter the premises without warrant
and inspect them to ascertain the matters specified under
subsection (1).

(3) A person who prevents or obstructs any officer acting
under this section in the performance of his duties commits an
offence and on conviction shall be liable to a fine not exceeding
fifty thousand shillings or to imprisonment for a term not
exceeding twelve months or to both. 28. Where any offence under this Act or any regulations made
under it, is committed by an organisation, every person charged
with, or concerned or acting in, the control or management of
the affairs or activities of the organisation shall also commit an
offence and shall be liable to be proceeded against and punished
accordingly, unless the person proves to the satisfaction of the
court that, through no act or omission on his part, he was not
aware that the offence was being or was intended or about to
be committed, or that he took all reasonable steps to prevent
its commission. Inspection and
search
Act No. 26 of 1991 s. 8
Offences by
organisations

be committed, or that he took all reasonable steps to prevent
its commission. Inspection and
search
Act No. 26 of 1991 s. 8
Offences by
organisations

©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.441
IN RESPECT OF MEDICAL TREATMENT [CAP. 151 R.E. 2023]
29. [Amends R.L. Cap. 409.]
30. The Minister may make regulations generally for better
carrying out the purposes and provisions of this Act, and,
without prejudice to the generality, may make regulations-
(a) prescribing forms to be used for purposes of this Act;
(b) prescribing fees which shall be payable in respect of
any matters specified in any regulations made under
this section;
(c) providing for submission of audited balance sheets
and other records, returns and particulars of approved
organisation or person;
(d) providing for the enforcement of scales of statutory
maximum salaries;
(e) prescribing minimum standards of diet to be provided
to persons admitted to private hospitals as in-patients;
(f) requiring approved organisations to provide facilities
for the welfare of patients admitted to private hospitals;
(g) regulating the staff, accommodation and equipment to
be provided at private hospitals;
(h) relating to any matter which is required or permitted to
be prescribed under this Act.

modation and equipment to
be provided at private hospitals;
(h) relating to any matter which is required or permitted to
be prescribed under this Act.

31. [Omitted.]
Repealed
R.L. Cap. 409
Regulations
Act No. 26 of 1991 s. 8
Omitted

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