The Complete 2004 Laws of Nigeria

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PSYCHIATRIC HOSPITALS MANAGEMENT BOARD ACT

ARRANGEMENT OF SECTIONS

Establishment of the Board of Management, etc.

SECTION

1. Establishment of Psychiatric Hospitals Management Board.

  1. Composition of the Board.
  2. Tenure of office of members.
  3. Functions of the Board.
  4. Secretary to the Board and other staff.
  5. Composition of Management Committees of the various hospitals.
  6. Use of State government medical institutions by the Board.
  7. Powers of the Board in relation to expansion, staff, etc., of the hospitals.
  8. Powers of Minister to give directions.

Finance and discipline, etc.

  1. Financial provisions.
  2. Affiliation of hospitals under the Board with teaching hospitals.
  3. Discipline of students.
  4. Removal and discipline of clinical, administrative and technical staff.
  5. Discipline of junior staff.

Miscellaneous and supplementary

  1. Bye-laws regulating behaviour of the public.
  2. Inspection of institutions controlled by the Board.
  3. Special provisions as to staff.
  4. Annual reports.
  5. Interpretation.
  6. Short title.

 

SCHEDULES

FIRST SCHEDULE

Constitution, etc., of the Board

SECOND SCHEDULE

Hospitals under the control and management of the Board

THIRD SCHEDULE

Affiliations

 

An Act to establish a Management Board for the running of psychiatric hospitals
established by the Federal Government and to provide for their affiliation with
teaching hospital mentioned in the Act.

[1979 No. 92.]

[28th September, 1979]

[ Commencement.]

Establishment of the Board of Management, etc.

  1. Establishment of Psychiatric Hospitals Management Board

(1) There is hereby established a board, by the name of the Psychiatric Hospitals
Management Board (in this Act referred to as "the Board") to be responsible for the man-
agement of psychiatric hospitals specified in the Second Schedule to this Act for the pur-
pose of providing specialist services in psychiatry and facilities for the training of psychi-
atric personnel at all levels.

[Second Schedule.]

(2) The Board shall be a body corporate with perpetual succession and a common
seal.

  1. Composition of the Board

(1) The Board shall consist of a chairman and the following other members, that is--

       (a)       the Medical Directors of the hospitals;

       (b)       a representative of the Federal Ministry of Health;

       (c)        the Federal Chief Nursing Officer; 

      (d)      a representative of the Nigerian Medical Association who shall not be a member of the academic faculty of a university;
 

      (e)        three persons appointed by the Minister for their interest in medical care or

social welfare;

       (f)         a representative of the medical school of the affiliate teaching hospital; and

       (g)       the Director of Administration of the affiliate teaching hospital.

(2) The chairman shall be a person of proven integrity coupled with experience and
outstanding ability in administration or in professional or technical education.

(3) The chairman shall be appointed by the President on the recommendation of the
Minister.

(4) The members specified in paragraphs (a) to (c) and (f) and (g) of subsection (1) of
this section are hereafter referred to as "ex-officio members".

 (5) The provisions of the First Schedule to this Act shall have effect with respect to

the constitution of the Board and other matters therein mentioned.

[First Schedule.]

3. Tenure of office of members

(1) The chairman or any member of the Board other than an ex-officio member
shall-

       (a)              hold office for such period, not exceeding four years, and on such terms as
may be specified in his letter of appointment;

       (b)              unless he previously vacates his office, be eligible for re-appointment for one
further term of four years:

Provided that nothing in this paragraph shall be construed as entitling any person
who has held office as chairman for a term and who is being re-appointed under this
paragraph to be appointed again as chairman;

              (c)       be paid out of money at the disposal of the Board such remuneration and al-
lowances as the President may determine.

(2) The office of a member of the Board shall become vacant it~

        (a)       he resigns his office by notice in writing given to the Minister;

        (b)       the period of his appointment has expired; or

         (c)        there is passed by the Board a resolution declaring that-

                        (i)     he has become incapable, by reason of mental or bodily infirmity, of
discharging his duties; or

                       (ii)     he has become unfit for membership of the Board by reason of the fact
that he has an interest in a contract entered into by the Board and has
not disclosed that fact; or

                     (iii)     he has been absent from three consecutive meetings of the Board with-
out leave of the Board; or

          (d)        he is convicted of an offence which involves moral turpitude.

(3) Soon after the office of a member of the Board has become vacant, the authority
by whom he was appointed shall appoint another person in his place in accordance with
the provisions of this Act.

4. Functions of the Board

(1) It shall be the duty of the Board--

              (a)       to equip, maintain and operate the hospitals which are to provide facilities for
diagnostic, curative, promotive and rehabilitative services in psychiatric treat-
ment;

             (b)       to construct, equip, maintain and operate such training schools and similar in-
stitutions as the Board considers necessary for providing the hospitals at all
times with a proper staff of hospital technicians and nurses; and

      (c)        to 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 hospitals.

(2) The duty of operating the hospitals imposed by the foregoing subsections shall
include, without prejudice to the extent of that duty apart from this subsection, the duty of
providing proper courses of instruction for medical students of the affiliate hospitals, and
the Board may perform the last mentioned duty by arranging, with the approval of the
Minister, for students of such affiliate hospitals to attend courses at other institutions not
controlled by the Board.

(3) The Board shall secure that the standards of teaching provided at all establish-
ments controlled by the Board and the standards of treatment and care provided for pa-
tients at those establishments, do not fall below those usually provided by similar estab-
lishments of internationally high repute.

(4) Subject to this Act, the Board shall have power to do anything which, in its opin-
ion, is calculated to facilitate the carrying out of its functions under this Act.

  1. Secretary to the Board and other staff

(1) There shall be appointed a secretary to the Board, who shall have such experience
and qualifications as are appropriate for a person required to perform the functions con-
ferred on the secretary by or under this Act.

(2) The secretary shall be appointed by the Board and shall carry out such duties as

the Board may from time to time direct.

(3) Subject to this Act, the Board shall have power-

       (a)       to appoint such other employees of the Board as it may determine;

             (b)       to pay its employees such remuneration and allowances as the Board may with
the approval of the Minister determine.

  1. Composition of Management Committees of the various hospitals

(1) There shall be established under the Management Board, Hospital Management
Committees which shall exercise powers delegated by the Management Board thereto for
the effective day-to-day administration of the various hospitals.

(2) The Committee shall have a chairman to be appointed by the Minister.
(3) Other members of the Committee shall comprise--

       (a)        the Medical Director of each hospital;

       (b)        the chief administrative officer of each hospital;

       (c)        the matron or the nursing superintendent of each hospital;

      (d)      a representative of the Ministry of Health of the State in which the hospital is
situated;   

       (e)        a representative of the Ministry of Social Welfare of the State in which the
hospital is situated;

       (f)         the Director of Administration of the affiliate teaching hospital;

      (g)      two persons from the local government area where the hospital is situated, to
be appointed by the Minister for their interest in medical care or social welfare.

 7. Use of State government medical institutions by the Board

Subject to the provisions of this section, the Minister may at the request of the Board
arrange with the person in charge of any State government medical institution for the
person aforesaid to make available to the Board such facilities at that institution as the
Board may request.

8. Powers of the Board in relation to expansion, staff, etc., of the hospitals

(1) The Board shall be responsible for laying down general policies and guidelines
relating to major expansion of the hospitals and the provision of facilities for the training
of medical students of the affiliate hospitals and it shall be the duty of the Board to exe-
cute such policies and to keep within such guidelines.

(2) The Board shall have power of promotion, advancement, discipline and the de-
termination of appointment of members of the staff of the hospitals.

9. Power of Minister to give directions

The Minister may give to the Board directions of a general character or relating gen-
erally to particular matters (but not to any individual person or case) with regard to exer-
cise by the Board of its functions under this Act, and it shall be the duty of the Board to
comply with the directions; but no direction shall be given which is inconsistent with the
duties of the Board under this Act.

Finance and discipline, etc.

10. Financial provisions

(1) The Board shall prepare and submit to the Minister, not later than the 31 sr day of
December in each financial year, an estimate of its income and expenditure during the
next succeeding financial year, and such estimates shall be submitted by the Minister for
approval by the President.

(2) The Board shall keep proper accounts in respect of each financial year (and
proper records in relation to those accounts) and shall cause the accounts to be audited as
soon as may be after the end of the financial year to which the accounts relate by a firm
of auditors approved, as respects that year, by the Auditor-General for the Federation and
in accordance with guidelines supplied by him.

(3) The Board shall with the approval of the Minister have power-

                                (a)        to borrow money; or

             (b)        to charge fees for any facilities provided by or by arrangement with the Board
(including in particular the provision of tuition, treatment and accommoda-
tion).

11. Affiliation of hospitals under the Board with teaching hospitals

(1) For the purposes of intertlow of knowledge, the hospitals under the management
of the Board shall be affiliated with the teaching hospitals specified in the Third Schedule
to this Act.

[Third Schedule.]

(2) The affiliation provided for in subsection (1) of this section, shall not affect the
independent status of the Boards of the teaching hospitals, and the Board established un-
der this Act, but shall be confined to exchange of staff, experience in the areas of training
and research, services and hospital facilities.

12. Discipline of students

(1 ) Subject to the provisions of this section, where it appears to the Board that any
student of any of the hospitals has been guilty of misconduct, the Board may, without
prejudice to any other disciplinary powers conferred on it by regulations, direct-

      (a)         that the student shall not, during such period as may be specified in the direc-
tion, participate in such activities of the hospital, or make use of such facilities
of the hospital, as may be so specified; or

     (b)        that the 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; or

     (c)        that the student be rusticated for such period as may be specified in the direc-
tion; or

                        (d)        that the student be expelled from the hospital.

(2) The fact that an appeal from a direction is brought in pursuance of the last fore-
going subsection shall not affect the operation of the direction while the appeal is pend-
ing.

(3) The Board may delegate its powers under this section to a disciplinary committee
consisting of such members of the hospital as the Board may nominate.

(4) Nothing in this section shall be construed as preventing the restriction or termina-
tion of a student's activities at any hospital otherwise than on the ground of misconduct.

(5) A direction under subsection (1) (a) of this section, may be combined with a di-
rection under subsection (1) (b) of this section.

(6) Nothing in this section 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.

13. Removal and discipline of clinical, administrative and technical staff

(1) If it appears to the Board that there are reasons for believing that any person em-
ployed as a member of the clinical, administrative or technical staff of the hospitals, other
than the Medical Directors, should be removed from his office or employment, the Board
shall require the secretary 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 the period of one month beginning
with the date of the notice, make arrangements-- 

          (i)   for a committee to investigate the matter and report to the Board; and
          (ii)  for the person in question to be afforded an opportunity of appearing
        before and being heard by the investigating committee 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 as aforesaid, 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 a hospital,
suspend any such member and any such suspension shall forthwith be reported to the
Board.

(3) For good cause, any member of the staff may be suspended from his duties or his
appointment may be terminated 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; or

       (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; or

      (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 of-
fice; or

       (d)              conduct which the Board considers to be such as to constitute failure or inabil-
ity of the person concerned to discharge the functions of his office or to com-
ply with the terms and conditions of his service.

(4) Any person suspended shall, subject to subsections (2) and (3) of this section, 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
ter--

       (a)              whether to continue such person's suspension and if so on what terms (in-
cluding the proportion of his emoluments to be paid to him); or

       (b)              whether to reinstate such person, in which case the Board shall restore his full
emoluments to him with effect from the date of suspension; or

      (c)                whether to terminate the appointment of the person concerned, in which case
such person will not be entitled to the proportion of his emoluments withheld
during the period of suspension; or

                               (d)               whether to take such lesser disciplinary action against such 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 de-
termination in respect of the case concerning any such person.

(5) It shall be the duty of the person by whom a letter of removal is signed in pursu-
ance of subsection (1) of this section, to use his best endeavours 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 the foregoing provisions of this section shall prevent the Board from
making regulations for the discipline of students and all other categories of employees of
the hospitals as the Board may prescribe.

(7) Regulations made under subsection (6) of this section need not be published in
the Federal Gazette but the Board shall bring them to the notice of all affected persons in
such manner as it may from time to time determine.

14. Discipline of junior staff

(1) If any junior staff is accused of misconduct or inefficiency, the Medical Director
may suspend him for not more than three months and forthwith shall direct a commit-
tee--

                           (a)       to consider the case; and

       (b)       to 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 shall be given reasonable opportunity to defend himself.

(3) The Medical Director may, after considering the recommendation made pursuant
to subsection (l) (b) of this section, dismiss, or take such other disciplinary action against
the officer concerned.

(4) Any person aggrieved by the Medical Director's decision under subsection (3) of
this section 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.

Miscellaneous and supplementary

15. Bye-laws regulating behaviour of the public

(1) The Board may, with the approval of the Minister make bye-Iaws-

             (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 the 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) Bye-laws under this section shall not come into force until they are confirmed
(with or without modification) by the Minister and published in such manner as he may
direct.

 (3) Bye-laws made under this section may provide that a breach of the bye-laws or of

a particular provision of the bye-laws shall be punishable by a fine (not exceeding N 10)
and in default of payment of the fine by imprisonment for such a term as may be so speci-
tied, not exceeding seven days.

(4) Bye-laws under this section shall not apply to any member of the Board and shall
not, in their application to a particular institution, apply to an officer or servant of the
Board employed in connection with the institution or to a student at the institution.

16. Inspection of institutions controlled by the Board

(1) The Minister, the Permanent Secretary, Federal Ministry of Health, the Director
of Medical Services and Training and (on production, if so required, of his authority) any
person authorised in that behalf by any of the persons aforesaid, may at any time enter
and inspect any institution controlled by the Board.

(2) The Board shall render to the Director of Medical Services and Training at such
times and in such form as he may specify, such statistical and other returns as he may
from time to time require.

(3) Any direction, notice, report, representation or request authorised or required to
be given or made by or under this Act shall be in writing and may, without prejudice to
any other method of service, be served by post.

17. Special provisions as to staff

The affiliate teaching hospital may make available to the Board if the Board so re-
quests, the specialist services of officers in the service of the university teaching hospital
(including the chief engineer, the chief accountant, the estate officer and such other offi-
cer whose services the Board may require) to assist the Board in the discharge of its
functions under this Act.

18. Annual reports

The Board shall prepare and submit to the President, through the Minister, not later
than the 30th day of June in each year, a report in such form as the Minister may direct on
the activities of the Board during the immediately preceding financial year and shall in-
clude in such report a copy of the audited accounts of the Board for that year and of the
auditor's report thereon.

19. Interpretation

In this Act, unless the context otherwise requires-

"Board" means the Psychiatric Hospitals Management Board;

"chairman" means the chairman of the Board;

"functions" includes powers and duties;

"hospitals" includes all institutions (however called) controlled by the Board;

       "junior staff' means staff of such grade as may be determined from time to time 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 health matters;

"student" means a person enrolled at an institution controlled by the Board for the
purpose of pursuing a course of instruction at the institution.

20. Short title

This Act may be cited as the Psychiatric Hospitals Management Board Act.

SCHEDULES

FIRST SCHEDULE
    [Section 2 (5).]

Constitution, etc., of the Board

Proceedings of the Board

1. Subject to the provisions of this Act and section 27 of the Interpretation Act (which pro-
vides for the decisions of a statutory body to be taken by a majority of the members of the
body and for the person presiding to have a second or casting vote), the Board may make
standing orders regulating the proceedings of the Board or any committee thereof.

[Cap. 123.]

2. The quorum of the Board shall be five which shall include the chairman and at least one
other member who is not an ex-officio member; and the quorum of any committee of the
Board shall be determined by the Board.

3.  (1) The Board shall elect from among its number a member to be the deputy chairman of
the Board for such period as the Board may determine, so however that a deputy chairman
who ceases to be a member shall cease to be deputy chairman.

(2) At any time while the office of chairman is vacant or the chairman is absent from
Nigeria or is in the opinion of the Board permanently or temporarily unable to perform the
functions of his office, the deputy chairman shall perform those functions, and references to
the chairman in this Schedule shall be construed accordingly.

4.     (1) Subject to the provisions of any standing orders of the Board, the Board shall meet
whenever it is summoned by the chairman; and if the chairman is required so to do by notice
given to him by not less than five other members, he shall summon a meeting of the Board to
be held within fourteen days of the date of the receipt by him of the notice.

(2) At any meeting of the Board, the chairman, or in his absence the deputy chairman,
shall preside, but if both are absent the members present at the meeting shall elect one of their
number to preside at the meeting.

(3) Where the Board desires to obtain the advice of any person on a particular matter,

the Board may co-opt him as member for such period as it thinks fit; but a person who is a
member by virtue of this sub-paragraph shall not be entitled to vote at any meeting of the
Board and shall not count towards a quorum.

Committees

5.    (1) Without prejudice to the other provisions of this Act, the Board may appoint one or
more committees to carry out, on behalf of the Board, such of its functions as the Board may
determine.

(2) A committee appointed under this paragraph shall consist of such number of persons
as may be determined by the Board and not more than one third of those persons may be per-
sons who are not members of the Board; and a person other than a member shall hold office
on the committee in accordance with the instrument by which he is appointed.

(3) A decision of a committee appointed under this paragraph shall be of no effect until
it is confirmed by the Board.

Remuneration

6. Subject to this Act, the Board shall have power-

                (a)   to pay any member or any other person appointed to a committee of the Board
such remuneration (whether by way of salary, fees or otherwise) in respect of
the performance of his functions under this Act and such travelling and subsis-
tence allowances while on any business of the Board, as the Board may deter-
mine;

                (b)   as regards employees in whose case it may determine so to do, to pay to or in
respect of them such pensions and gratuities approved by the government of
the Federation;

(c) to give loans to its employees for purposes approved by the Board.

Miscellaneous

7.      (1) The fixing of the seal of the Board shall be authenticated by the signature of the
chairman or of some other member authorised generally or specially by the Board to act for
that purpose.

(2) Any contract or instrument which if made or executed by a person not being a body
corporate, would not be required to be under seal may be made or executed on behalf of the
Board by any person generally or specially authorised to act for that purpose by the Board.

(3) Any document purporting to be a document duly executed under the seal of the
Board shall be received in evidence and shall, unless the contrary is proved, be presumed to be
so executed.

8. The validity of any proceedings of the Board or a committee thereof shall not be affected
by any vacancy in the membership of the Board or committee, or by any defect in the ap-
pointment of a member or of any other person to serve thereon.

9. Any member, and any person holding office on a committee of the Board, who has a per-
sonal interest in any contract or arrangement entered into or proposed to be considered by the
Board, shall forthwith disclose his interest to the Board and shall not vote on any question
relating to the contract or arrangement.

SECOND SCHEDULE
       [Section 1 (1 ).]

                       Hospitals under the control and management of the Board

     1. The Psychiatric  Hospital, Yaba, Lagos.

  1. The Psychiatric Hospital, Aro, Abeokuta.
  2. The Psychiatric Hospital, Uselu, Benin City.

                                     THIRD SCHEDULE
                                        [Section 11 (1 ).]

Affiliations

Hospital                                                           Name of leaching hospital to which affiliated                    

                           

  1. The Psychiatric Hospital, Yaba, Lagos.                        Lagos University Teaching Hospital, Lagos.
  2. The Psychiatric Hospital Aro, Abeokuta.                       University College Hospital, Ibadan.
  3. The Psychiatric Hospital Uselu, Benin                          University of Benin Teaching Hospital, Benin City.
    City.
      

                                        SUBSIDIARY LEGISLATION

                                        No Subsidiary Legislation