The Private Hospitals (Regulation) Act
This section gives the Act’s short title: the Private Hospitals (Regulation) Act.
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Statute overview
About this statute
This section gives the Act’s short title: the Private Hospitals (Regulation) Act. The Act applies to people managing private hospitals, but the Minister can exempt hospitals or persons by Gazette notice, and some private hospitals only start being covered once the Minister specifies them. This section defines key terms used in the Act and lets the Minister require private hospitals to be identified in a prescribed way. The Minister must appoint a Registrar of Private Hospitals and may appoint Assistant Registrars. The Registrar must perform duties assigned by the Act or by the Minister/Board, and Assistant Registrars must assist the Registrar and may exercise the Registrar’s functions when directed. Individuals and organisations generally cannot manage a private hospital unless the required approval and registration conditions are met.
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Provisions of The Private Hospitals (Regulation) Act
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- 1 Verify source ↗
Short title
AI-assisted research summary: This section gives the Act’s short title: the Private Hospitals (Regulation) Act.
1. This Act may be cited as the Private Hospitals (Regulation) Act. Application and exemptions - 2 Verify source ↗
Application of this Act and exemptions
AI-assisted research summary: The Act applies to people managing private hospitals, but the Minister can exempt hospitals or persons by Gazette notice, and some private hospitals only start being covered once the Minister specifies them.
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. 1 The long title is amended by Act No. 26 of 1991, s. 2. 423 ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG. THE PRIVATE HOSPITALS (REGULATION) ACT [CAP. 151 R.E. 2023] (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. - 3 Verify source ↗
Interpretation
AI-assisted research summary: This section defines key terms used in the Act and lets the Minister require private hospitals to be identified in a prescribed way.
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; 424 Interpretation Act No. 26 of 1991 s. 3 Cap. 152 ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG. 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. (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. 425 ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG. MANAGEMENT OF PRIVATE HOSPITALS [CAP. 151 R.E. 2023] (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. PART II APPOINTMENT OF OFFICERS AND RESTRICTION ON MANAGEMENT OF PRIVATE HOSPITALS Appointment of Registrar and Assistant Registrars Act No. 26 of 1991 s. 4
Part
PART II
- 4 Verify source ↗
Appointment of Registrar and Assistant Registrars
AI-assisted research summary: The Minister must appoint a Registrar of Private Hospitals and may appoint Assistant Registrars. The Registrar must perform duties assigned by the Act or by the Minister/Board, and Assistant Registrars must assist the Registrar and may exercise the Registrar’s functions when directed.
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. 426 ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG. MANAGEMENT OF PRIVATE HOSPITALS [CAP. 151 R.E. 2023] Restriction on management of private hospitals Act No. 26 of 1991 s. 5 - 5 Verify source ↗
Restriction on management of private hospitals
AI-assisted research summary: Individuals and organisations generally cannot manage a private hospital unless the required approval and registration conditions are met.
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. Power of Minister to approve organisations Act No. 26 of 1991 s. 6 - 6 Verify source ↗
Power of Minister to approve organisations
AI-assisted research summary: The Minister may approve, renew, or refuse approval of an organisation to manage a private hospital. Applications must be made in writing and approvals must be in writing, free of charge, and non-transferable.
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. (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. 427 ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG. MANAGEMENT OF PRIVATE HOSPITALS [CAP. 151 R.E. 2023] Board Acts Nos. 26 of 1991 s. 7 13 of 2023 s. 67 - 7 Verify source ↗
Board
AI-assisted research summary: This section establishes the Private Hospitals Advisory Board and sets out its membership, functions, and the Minister’s role in making regulations and appointments.
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. (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. 428 ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG. MANAGEMENT OF PRIVATE HOSPITALS [CAP. 151 R.E. 2023] Power of Board to approve persons Act No. 26 of 1991 s. 7 - 8 Verify source ↗
Power of Board to approve persons
AI-assisted research summary: The Board must review each application and advise the Minister whether the applicant is qualified to manage a private hospital. The Minister may set qualification requirements by regulation, and those requirements may include fees.
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 Verify source ↗
Entitlement to practise for fees
AI-assisted research summary: An approved person and organisation may demand, sue for, and recover certain professional and medical charges in court, subject to the Act.
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 Verify source ↗
No fees recoverable unless persons or organisations approved
AI-assisted research summary: A person or organisation may not recover charges for certain medical services or medicines in court unless approved under this Act.
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 Verify source ↗
Particulars of approved organisations or persons to be registered and published
AI-assisted research summary: The Registrar must keep a register of approved organisations or persons and publish a yearly list of those still approved.
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. 429 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 ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG. MANAGEMENT OF PRIVATE HOSPITALS [CAP. 151 R.E. 2023] Revocation of approval - 12 Verify source ↗
Revocation of approval
AI-assisted research summary: The Minister may revoke an approval or renewal for a private hospital if the approved organisation or person no longer meets the approval conditions, is using the hospital for certain specified purposes, or is no longer fit to manage it.
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 Registration of private hospitals Act No. 26 of 1991 s. 8
Part
PART III
- 13 Verify source ↗
Registration of private hospitals
AI-assisted research summary: An approved organisation or person may not manage a private hospital unless it is registered, and the Minister handles registration applications.
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. (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 430 ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG. 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. (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. (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 Verify source ↗
Duties of Registrar in relation to registered hospitals
AI-assisted research summary: The Registrar must keep a prescribed register of approved private hospitals, update its particulars as needed, and publish a yearly list of hospitals whose registration is still in force.
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. 431 Duties of Registrar in relation to registered hospitals ©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] Cancellation of registration of hospitals Act No. 26 of 1991 s. 8 - 15 Verify source ↗
Cancellation of registration of hospitals
AI-assisted research summary: The Minister may require a private hospital’s manager to fix specified defects, and may cancel the hospital’s registration if the notice is not complied with.
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. (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 Interpretation
Part
PART IV
- 16 Verify source ↗
17. Power of Minister to determine price structures
AI-assisted research summary: “Price” for medical treatment means any fee or other payment charged or chargeable by a private hospital for that 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. 432 ©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] Power of Minister to determine price structures Act No. 26 of 1991 s. 8 - 17 Verify source ↗
Power of Minister to determine price structures
AI-assisted research summary: The Minister may determine, review, and set maximum prices for medical treatment provided by private hospitals, and may require hospital managers to produce records and information.
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. (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. (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; 433 ©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] (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. Decisions of Minister not subject to review by courts - 18 Verify source ↗
Decisions of Minister not subject to review by courts
AI-assisted research summary: Courts must not review qualifying Minister decisions about prices.
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. Publication of maximum prices Act No. 26 of 1991 s. 8 - 19 Verify source ↗
Publication of maximum prices
AI-assisted research summary: If the Minister sets a maximum price for a type of medical treatment, the Minister must issue a notice describing the treatment and the price; the notice may be published so affected members of the public are likely to see it.
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. 434 ©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] Display of maximum prices Act No. 26 of 1991 s. 8 (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. - 20 Verify source ↗
Display of maximum prices
AI-assisted research summary: The Minister may order private hospitals or their managers to display a clearly visible list of current maximum prices for specified medical treatment.
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. Books of accounts and other records Act No. 26 of 1991 s. 8 - 21 Verify source ↗
Books of accounts and other records
AI-assisted research summary: An approved person or organisation managing a private hospital with fixed maximum prices must keep medical treatment records, make prescribed entries in them, and preserve the records for at least two years after the last entry.
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. 435 ©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] Issue of receipts (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 Verify source ↗
Issue of receipts
AI-assisted research summary: The person in charge of a private hospital must give the patient a receipt or invoice after treatment and keep a duplicate copy in the hospital records.
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. (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 Regulation of scales of salaries of medical practitioners Act No. 26 of 1991 s. 8
Part
PART V
- 23 Verify source ↗
Regulation of scales of salaries of medical practitioners
AI-assisted research summary: The Minister may control or review salary scales for medical practitioners at private hospitals and can require hospital managers to provide salary and financial details.
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. 436 ©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] (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. (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. (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. 437 ©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] (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. (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. Enforcement of statutory maximum salaries - 24 Verify source ↗
Enforcement of statutory maximum salaries
AI-assisted research summary: The Minister must publish Gazette notice details for each statutory maximum salary and its applicable category of medical practitioners.
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. 438 ©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] (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. (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 Verify source ↗
Records of salaries to be kept
AI-assisted research summary: A hospital management organisation must keep salary records for medical practitioners and preserve them for at least two years, or longer if regulations require.
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 Verify source ↗
Agreements designed to evade this Act
AI-assisted research summary: Employers and organisations must not change a medical practitioner’s contract or arrangement in a way that defeats or modifies this Act’s salary rules.
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. 439 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] Inspection and search Act No. 26 of 1991 s. 8 Offences by organisations PART VI GENERAL PROVISIONS
Part
PART VI
- 27 Verify source ↗
28. Offences by organisations
AI-assisted research summary: Certain health officers may enter and inspect private hospital premises in some cases, and anyone who obstructs them commits an offence.
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). (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 Verify source ↗
Offences by organisations
AI-assisted research summary: If an organisation commits an offence, people involved in its control or management may also be treated as offenders and punished unless they prove a lack of awareness or that they took all reasonable steps to prevent it.
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. 440 ©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] Repealed R.L. Cap. 409 Regulations Act No. 26 of 1991 s. 8 - 30 Verify source ↗
Regulations
AI-assisted research summary: The Minister may make regulations to carry out this Act, including rules about forms, fees, records, salaries, private hospital diets, patient welfare facilities, and hospital staff, accommodation, and equipment.
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. Omitted - 31 Verify source ↗
Omitted
AI-assisted research summary: Section 31 is omitted.
31. [Omitted.] 441 ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG. ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.
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The Private Hospitals (Regulation) Act
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