(2022)
SECTION 1
There is hereby established the Federal Medical Centre, Hong, Adamawa State (in this Act referred to as “the Medical Centre”). 2 The Medical Centre- a shall be a body corporate; b may sue and be sued in its corporate name; and c shall have perpetual succession and a common seal.
Establishment of the Federal Medical Centre, Hong, Adamawa State
SECTION 2
There is hereby established for the management of the Medical Centre a Board of Management (in this Act referred to as “Board”) which shall be constituted and have the functions and powers set out in this Act.
Establishment of the Board of Management of the Medical Centre
SECTION 3
1. The Board shall consist of- a a Chairman; b the Medical Director of the Medical Centre; c the Director of Clinical Services; d Association of Medical Laboratory Scientists; e one person to represent each Medical and Health Workers Union; f one person to represent National Union of Allied Health Professional; g the representative of the Minister of Health who should not be below the rank of Assistant Director; h the Federal Ministry of Health; i the National Planning Commission; j one representative of Nigerian Medical Association; k the Pharmaceutical Society of Nigeria; l the Association of Medical Laboratory Scientists of Nigeria; m the Paediatrics Association of Nigeria; and n the National Association of Nigerian Nurses and Midwives. 2 The Director of Administration shall be the Secretary of the board. 3 The Chairman and members of the Board, other than ex-officio members, shall be- a appointed by the President; and b persons of proven integrity and ability. 4 The supplementary provisions set out in the Schedule to this Act shall have effect with respect to the proceedings of the Board and other matters contained in it. [Schedule]
Membership of the Board
SECTION 4
Subject to the provisions of section 5 of this Act, a member of the Board, other than ex- officio members, shall each hold office- a for a term of three years in the first instance and may be re-appointed for a further term of three years and no more; and b on such terms and conditions as may be specified in his letter of appointment.
Tenure of office
SECTION 5
Notwithstanding the provisions of section 4 of this Act a person shall cease to hold office as a member of the Board if he- a becomes bankrupt; b is convicted of a felony or any offence involving dishonesty or fraud; c becomes of unsound mind or is incapable of carrying out his duties; d is guilty of a serious misconduct in relation to his duties; e in the case of a person possessed of professional qualifications, is disqualified or suspended, other than at his own request, from practising his profession in any part of the world by an order of a competent authority made in respect of that member; or f resigns his appointment by a letter addressed to the President. 2 Where a member of the Board ceases to hold office for any reason whatsoever, before the expiration of the term for which he is appointed, another person representing the same interest as that member shall be appointed to the Board for the unexpired term. 3 A member of the Board may be removed by the President if the president is satisfied that it is not in the interest of the Medical Centre or the public that the member continues in office.
Cessation of membership
SECTION 6
There shall be paid to every member of the Board such allowances and expenses as the Revenue Mobilisation Allocation and Fiscal Commission may direct.
Allowance of the Board
SECTION 7
1 The Board shall- a equip, maintain and operate the Medical Centre so as to provide facilities for diagnosis, curative, promotive and rehabilitative services in medical treatment; b construct, equip. maintain and operate such training schools and similar institutions as the Board considers necessary for providing the Medical Centre at all times with a proper staff, technicians and nurses; c construct, equip, maintain and operate such clinics, out-patient departments, laboratories, research or experimental stations and other like institutions as the Board considers necessary for the efficient functioning of the Medical Centre. 2 The Board shall ensure that the standards of teaching provided at all establishments under its control and the standards of treatment and care provided for patients at those establishments do not fall below those usually provided by similar establishments of international repute. 3 Subject to this Act. the Board shall perform such other functions which in its opinion are calculated to facilitate the performance of its functions under this Act.
Function of the Board
SECTION 8
The Board shall have power to- a provide the general policies and guidelines relating to major expansion programmes of the Medical Centre; b provide facilities for the training of medical students of associate universities; c manage and superintend the affairs of the Medical Centre; d subject to the provisions of this Act, make, alter and revoke rules and regulations for the performance of the functions of the Medical Centre; e fix terms and conditions of service, including remuneration of the employees of the Medical Centre subject to the approval of National Salaries Incomes and Wages Commission; and f do other things which in the opinion of the Board are necessary to ensure the efficient performance of the functions of the Medical Centre.
Power of the Board
SECTION 9
1. There shall be for the Medical Centre a Medical Director who shall be appointed by the President on the recommendation of Minister of Health on such terms and conditions as may be specified in his letter of appointment or as may be determined by the National Salaries Income and Wages Commission. 2 The Medical Director shall- a be the chief executive and accounting officer of the Medical Centre; b be responsible to the Board for the administration of the Medical Centre; c be appointed for a term of four years in the first instance and may be reappointed for a further term of four years subject to satisfactory performance; d be a medical practitioner and shall have been so qualified for a period not less than 15 years; e have considerable administrative experience in matters of health; and f hold a post-graduate specialist qualification obtained not less than 10 years prior to the appointment as Medical Director.
Medical Director of the Medical Centre
SECTION 10
The Board shall appoint for the Medical Centre- a a Director of Administration, who shall- (i) be responsible to the Medical Director for the effective functioning of all the administrative divisions of the Medical Centre, (ii) conduct the correspondence of the Board and keep the records of the Medical Centre, and (iii) perform such other functions as the Board or the Medical Director, as the case may be, may assign to him; b a Director of Clinical Services; c a Director of Finance; and d a Director of Maintenance. 2 The Directors appointed under subsection (1) (b), (c) and (d) shall each be responsible to the Medical Director for the effective running of the clinical services, the finance and accounts and the co-ordination of the maintenance of the Medical Centre. 3 The Board shall appoint for the Medical Centre such number of employees as may, in opinion of the Board, be expedient and necessary for the proper and efficient performance of the functions of the Medical Centre. 4 Notwithstanding the provisions of subsections (1) and (2) the Board shall have power to appoint for the Medical Centre, either directly or on secondment from any public service in the Federation, such number of employees as may, in the opinion of the Board, be required to assist the Medical Centre in the performance of any of its functions under this Act. 5 Nothing in subsection (4) shall preclude the Board from appointing persons from outside the public service of the Federation or of a State whenever it deems it necessary so to do. 6 The terms and conditions of service of the employees of the Medical Centre shall be as determined by the National Salaries Income and Wages Commission.
Appointment of Director of administration and other staff
SECTION 11
Service in the Medical Centre shall be approved service for the purpose of the Pension Reform Act. 2 The officers and other persons employed in the Medical Centre shall be entitled to pensions, gratuities and other retirement benefits as are enjoyed by persons holding equivalent grades in the civil service of the Federation. 3 Nothing in subsections (1) and (2) shall prevent the appointment of a person to any office on terms which preclude the grant of pension and gratuity in respect of that office. [Act No. 4, 2014]
Service in the Medical Centre to be pensionable
SECTION 12
There shall be for the Medical Centre a Medical Advisory Committee which shall- a consist of a chairman who shall be the Director, Clinical Services and such number of other members as may be determined from time to time; b be responsible to the Medical Director for all the clinical and training activities of the Medical Centre; and c be appointed by the Board. 2 Subject to this Act, the Board shall have power to appoint either directly or on secondment and discipline consultants holding or acting in any office in the hospital; and any such appointment shall be made having due regard to the approved personnel establishment of the Medical Centre. 3 Notwithstanding anything to the contrary, the Board may appoint consultants outside the hospital to perform such medical duties as the Board or the Medical Director may assign to such consultants.
Establishment of the Medical Advisory Committee
SECTION 13
There shall be established and maintained for the Medical Centre a fund into which shall be paid and credited- a all subventions and budgetary allocation from the Government of the Federation; all fees and funds accruing from the sale of drugs and other services; c all sums accruing to the Medical Centre by way of gifts, endowments, bequests, grants or other contributions by persons and organisations; d foreign aid and assistance from bilateral agencies; and e all other sums which may accrue to the Medical Centre.
Fund of the Medical Centre
SECTION 14
The hospital shall apply the funds at its disposal to- a the cost of administration and maintenance of the Medical Centre; b publicise and promote the activities of the Medical Centre; c pay allowances, expenses and other benefits of members of the Board and committees of the Board; d pay the salaries, allowances and benefits of employees of the Medical Centre; e pay other overhead allowances, benefits and other administrative costs of the Medical Centre; and f undertake such other activities as are connected with all or any of the functions of the Medical Centre under this Act.
Expenditure of the Medical Centre
SECTION 15
The Medical Centre may accept gifts of land, money or other property on such terms and conditions as may be specified by the person or organisation making the gift. 2 The Medical Centre shall not accept any gift if the conditions attached by the person or organisation making the gift are inconsistent with the functions of the Medical Centre under this Act.
Power to accept gifts
SECTION 16
The Board shall, not later than 30 September in each year, submit to the President through the Secretary to the Government of the Federation an estimate of the expenditure and income of the Medical Centre during the next year. 2 The Board shall cause to be kept proper accounts of the Medical Centre in respect of each year and proper records in relation thereto and shall cause the accounts to be audited not later than six months after the end of each year by auditors appointed from the list and in accordance with the guidelines supplied by the Auditor-General for the Federation.
Annual estimate and expenditure
SECTION 17
The Board shall prepare and submit to the President, not later than 30th June in each year, a report in such form as the President may direct on the activities of the Medical Centre during the immediately preceding year, and shall include in the report a copy of the audited accounts of the Federal Medical Centre for that year and the auditor’s report.
Annual report
SECTION 18
The Medical Centre may borrow by overdraft or otherwise such sums as it may require for the performance of its functions under this Act. 2 The Medical Centre shall not, without the approval of the President, borrow money which exceeds, at any time, the limit set by the President. 3 Notwithstanding subsection (1), where the sum to be borrowed is in foreign currency, the Medical Centre shall not borrow the sum without the prior approval of the President.
Power of borrow
SECTION 19
The Medical Centre shall not pay income tax on any income derived by the Federal Medical Centre under this Act or accruing to it from any of its investments. 2 The provisions of any enactment relating to the taxation of companies or trust funds shall not apply to the Board of the Medical Centre.
Exemption from tax
SECTION 20
The Medical Centre shall not pay customs duty on or be restricted or prohibited from importing any equipment, material, supply or any other thing required by the Medical Centre for the purpose of this Act: Provided that nothing in this section shall be construed as preventing the Nigeria Customs Service from inspecting any equipment, or material imported by the Medical Centre.
Exemption from customs duties
SECTION 21
Notwithstanding anything to the contrary contained in any other enactment, where it appears to the Board that any student of the Medical Centre is guilty of a misconduct, the Board may, without prejudice to any other disciplinary powers conferred on it by regulations, direct that the- a student shall not, during such period as may be specified in the direction, participate in such activities of the Medical Centre, or make use of the facilities of the Medical Centre as may be so specified; b activities of the student shall, during such period as may be specified in the direction, be restricted in such manner as may be so specified; c student be rusticated for such period as may be specified in the direction; or d student be expelled from the Medical Centre. 2 An appeal from a direction is brought under subsection (1) shall not affect the operation of the direction while the appeal is pending. 3 The Board may delegate its powers under this section to a disciplinary committee consisting of such members of the Medical Centre as the Board may nominate. 4 Nothing in this section shall be construed as preventing the restriction or termination of student’s activities at the Medical Centre otherwise than on the ground of misconduct. 5 A direction issued under subsection (1) (a) may be combined with a direction issued under subsection (1) (b). 6 Nothing in this Act shall affect the provisions of any enactment relating to the discipline of medical practitioners, pharmacists, midwives, nurses or members of any other profession or calling.
Discipline of students
SECTION 22
Where it appears to the Board that there are reasons for believing that any person employed as a member of the clinical, administrative or technical staff of the Medical Centre, other than the Medical Director, should be removed from his office or employment, the Board shall require the Director of Administration to- a give notice of those reasons to the person in question, b afford him an opportunity of making representations in person on the matter to the Board, and c if the person in question so requests, within a period of one month beginning with the date of the notice, make arrangements for- (i) a committee to investigate the matter and report on it to the Board, and (ii) the person in question to be afforded an opportunity of appearing before and being heard by an investigating committee set up with respect to the matter, and if the Board, after considering the report of the investigating committee, is satisfied that the person in question should be removed, the Board may so remove him by a letter signed on the direction of the Board. 2 The Medical Director may, in a case of misconduct by a member of the staff which in the opinion of the Medical Director is prejudicial to the interest of the Medical Centre, suspend any such member and any such suspension shall forthwith be reported to the Board. 3 For good cause, any member of staff may be suspended from his duties or his appointment may be terminated or he may be dismissed by the Board and for the purposes of this section, “good cause” means- a a conviction for any offence which the Board considers to be such as to render the person concerned unfit for the discharge of the functions of his office; b any physical or mental incapacity which the Board, after obtaining medical advice, considers to be such as to render the person concerned unfit to continue to hold his office; c conduct of a scandalous or other disgraceful nature which the Board considers to be such as to render the person concerned unfit to continue to hold his office; or d conduct which the Board considers to be such as to constitute a failure or inability of the person concerned to perform the functions of his office or to comply with the terms and conditions of his service. 4 Any person suspended shall, subject to subsections (2) and (3) be on half pay and the Board shall before the expiration of a period of three months after the date of such suspension consider the case against that person and come to a decision as whether to- a continue the person’s suspension and if so, on what terms (including the proportion of his emoluments to be paid to him), b reinstate the person, in which case the Board shall restore his full emoluments to him with effect from the date of suspension, c terminate the appointment of the person concerned, in which case he shall not be entitled to the proportion of his emoluments withheld during the period of suspension, or d take such lesser disciplinary action against the person, including the restoration of his emoluments that might have been withheld, as the Board may determine, and in any case where the Board, pursuant to this section, decides to continue a person’s suspension or decides to take further disciplinary action against a person, the Board shall before the expiration of a period of three months from such decision come to a final determination in respect of the case concerning any such person. 5 The person by whom a letter of removal is signed under subsection (1) shall use his best endeavors to cause a copy of the letter to be served as soon as reasonably practicable on the person to whom it relates. 6 Nothing in this section shall preclude the Board from making such regulations not inconsistent with the provisions of this Act for the discipline of students and all other categories of employees of the hospital as the Board may prescribe. 7 Regulations made under subsection (6) need not be published in the Gazette but the Board shall cause them to be brought to the notice of all affected persons in such manner as it may determine.
Removal and discipline of clinical administrative and technical staff
SECTION 23
Where a junior staff is accused of misconduct or inefficiency, the Medical Director may suspend him for not more than a period of three months and shall direct a committee to- a consider the case; and b make recommendations as to the appropriate action to be taken by the Medical Director. 2 In all cases under this section, the officer shall be informed of the charge against him and given a reasonable opportunity to defend himself. 3 The Medical Director may, after considering the recommendation made under subsection (1) (b), dismiss or take such other disciplinary action against the officer concerned. 4 Any person aggrieved by a decision of the Medical Director made under subsection (3) may, within a period of 21 days from the date of the letter communicating the decision to him, address a petition to the Board to reconsider his case.
Discipline of junior staff
SECTION 24
The Board may. with the approval of the President, make regulations- a as to the access of members of the public either generally or of a particular class, to premises under the control of the Board and as to the orderly conduct of members of the public on those premises; and b for safeguarding any property belonging to or controlled by the Board from damage by members of the public. 2 Regulations under this section shall not come into effect until they are confirmed, with or without modification, by the National Assembly and published in such manner as he may direct.
Regulations
SECTION 25
The Minister may give to the Board directions of a general character or relating generally to particular matters, but not to any individual person or case, with regard to the performance by the Board of its functions under this Act, and the Board shall comply with the directions, but no direction shall be given which is inconsistent with the duties of the Board under this Act.
Power to give directives
SECTION 26
In this Act- “associate universities” means the universities whose medical students receive aspects of their training from the Medical Centre; “Board” means the Board of Management of the Medical Centre; “Chairman” means the chairman of the Board; “Federal Medical Centre” means the Federal Medical Centre Hong, Adamawa State; “functions” include powers and duties; “junior staff” means staff of such grade as may be determined by the Board; “medical student” means a student whose course of instruction is- (a) designed, either alone or in conjunction with other courses, to enable him to qualify as a medical practitioner; or (b) designed for the further training of medical practitioners; “Minister” means the Minister responsible for matters relating to health; and “student” means a person enrolled at an institution controlled by the Board for the purpose of pursuing a course of instruction at the institution.
Interpretation
SECTION 27
This Act may be cited as the Federal Medical Centre, Hong, Adamawa State (Establishment) Act, 2022.
Citation
