Uganda Heart Institute Act, 2016

Section Title and commencement Section This Act may be cited as the Uganda Heart Institute Act, 2016. This Act shall come into force on a date to be appointed by the Minister by statutory instrument.

Section Purpose of the Act Section The purpose of this Act is— to establish an autonomous Heart Institute with the mandate to undertake and coordinate the management of cardiovascular disease in Uganda; to establish a modem Heart Institute with international standards that will address the challenge of treating cardiovascular disease; to reduce referrals abroad which are dominated by cases of cardiovascular disease; and to increase local capacity to handle super specialized cardiovascular services and to empower the Uganda Heart Institute to oversee other public health centers which are not super specialised but which are handling cardiovascular related services.

Section Interpretation Section In this Act, unless the context otherwise requires— " Board " means the Board of Directors of the Uganda Heart Institute appointed under section 8 ; " currency point " has the meaning assigned to it in Schedule 1; " Deputy Executive Director " means the Deputy Executive Director of the Institute appointed under section 23 ; " Executive Director " means the Executive Director of the Institute appointed under section 20 ; " Institute " means the Uganda Heart Institute established by section 4 ; " member " means a member of the Board and includes the Chairperson of the Board ; " Minister " means the Minister responsible for health; " secretary " means the secretary to the Board designated under section 24 ; " Super specialised cardiac medicines, reagents, sundries and equipment " means highly specialised cardiac medicines or devices used in the management and treatment of heart diseases.

Section Establishment of the Uganda Heart Institute Section The Uganda Heart Institute shall be a body corporate with perpetual succession and an official seal and may, for the discharge of its functions under this Act— There is established the Uganda Heart Institute . acquire, hold and dispose of moveable and immovable property; sue and be sued in its corporate name; and do all acts and things as a body corporate may lawfully do.

Section Functions of the Institute Section The functions of the Institute are— to provide cardiac services and medical care to in-patients and out-patients affected with cardiovascular disease and other related diseases in accordance with standard medical practices and government policies on health; to provide exemplary patient care and to teach and train Residents, Fellows, Nurses, Technicians and other health workers within and outside the Institute ; to provide consultancy cardiovascular care services; to procure super specialised cardiac medicines, reagents, sundries and equipment; to develop and promote educational programmes on the management and prevention of cardiovascular disease and related diseases; to carry out basic and clinical research in cardiovascular disease and its management on their own or in collaboration with persons or institutions inside and outside Uganda; to apply research and develop new techniques for heart patient care; to provide palliative care and rehabilitation services to heart patients; to assume responsibility for the management of any public hospital or health facility involved in the performance of functions which are similar, allied or auxili...

Section Seal of the Institute Section The seal of the Institute shall be in a form determined by the Board . The seal shall, when affixed to a document, be authenticated by the signatures of the Chairperson and the Executive Director . In the absence of the Chairperson, the person performing the functions of the Chairperson shall sign and in the absence of the Executive Director , the Deputy Executive Director shall sign. An instrument or contract which if executed or entered into by a person other than a body corporate would not require to be under seal may be executed or entered into on behalf of the Board by the Chairperson, or by any member of the Board or any other person if that member or other person has been duly authorized by resolution of the Board to execute or enter into the instrument or contract as the case may be. Every document purporting to be an instrument or contract executed or issued by or on behalf of the Board in accordance with this section shall be deemed to be so executed or issued until the contrary is proved.

Section Powers of the Minister Section The Minister may give directions in writing to the Institute with respect to the policy to be observed and implemented by the Institute . The directions given by the Minister under subsection (1) shall be consistent with the purposes and provisions of this Act with respect to the functions of the Institute . The Minister shall cause a copy of any directions given to the Institute under subsection (1) to be published in the Gazette .

Section Funds of the Institute Section The funds of the Institute shall consist of monies appropriated by Parliament for purposes of the Institute in accordance with the Public Finance Management Act, 2015.

Section Duty to operate on sound financial principles Section The Board shall, in the performance of its functions under this Act, have due regard to sound financial principles and shall conduct its business in such a manner that, taking one transaction with another, and taking one year with another— its revenue is sufficient for meeting all charges, including interest on capital and loans properly chargeable to revenue account; sufficient provision is made to provide for depreciation of assets; and where any loss or bad debt arises in respect of any transaction, provision is made in respect of other transactions, whether of a similar nature or otherwise, to offset the amount of that loss or debt.

Section Power to open and operate bank accounts Section The Board shall, with the authorization of the Accountant General, open and maintain such bank accounts as are necessary for the performance of the functions of the Institute . The Executive Director shall ensure that all money received by or on behalf of the Institute is banked as soon as practicable after being received. The Executive Director shall ensure that no money is withdrawn from or paid out of any of the Institute ’s bank accounts without the authority of the Board .

Section Estimates Section The Executive Director shall, within three months before the end of each financial year, cause to be prepared and submitted to the Board for its approval, estimates of the income and expenditure of the Institute . The Board shall, within two months after receipt of the estimates referred to in subsection (1), cause to be submitted to the Minister for his or her approval, the estimates of income and expenditure as approved by the Board .

Section Financial year of the Institute Section The financial year of the Institute shall be the same as the financial year of the Government.

Section Accounts Section The statement of accounts shall include— The Executive Director shall cause to be kept, proper books of accounts and records of the transactions of the Institute in accordance with accepted accounting principles. Subject to any direction given by the Board , the Executive Director shall cause to be prepared an annual financial statement stating the basis of accounting and shall identify any significant departure from it and the reasons for the departure. a balance sheet, an income and expenditure account and a source and application of Institute ’s statement; and any other information in respect of the financial affairs of the Institute as the Auditor General or an auditor appointed by the Auditor General may, in writing, require.

Section Audit Section The Auditor General or an auditor appointed by the Auditor General shall, in each financial year, audit the accounts of the Institute in accordance with the National Audit Act, 2008. The Board shall ensure that within two months after the end of each financial year, a statement of accounts is submitted to the Auditor General or to an auditor appointed by the Auditor General for auditing.

Section Annual report Section The report referred to in subsection (1) shall contain— The Board shall submit to the Minister , as soon as practicable and in any event not later than six months after the end of each financial year, a report dealing generally with the activities and operations of the Institute during the year to which the report relates. the audited accounts of the Institute and the Auditor General’s report on the accounts of the Institute ; and such other information as the Board may consider necessary. The Minister shall, within two months after the receipt of the annual report, submit the report to Parliament with any statement which he or she considers necessary.

Section Compliance with the Public Finance Management Act, 2015 Section The Institute shall at all times comply with the Public Finance Management Act, 2015.

Section Service of documents Section Any notice or document may be served on the Institute by delivering it at the office of the Executive Director , or by sending it by pre-paid registered post to the Executive Director .

Section Indemnity for bona fide acts Section No matter or thing done by any member of the Board shall, if done bona fide in the execution or in the purported execution of the functions of the Board , render that member personally liable for that matter or thing.

Section Validity of acts of the Board Section No act or proceeding of the Board shall be invalid by reason only of any vacancy in the membership of the Board , any defect in the appointment of any member or the fact that any member was, at the time in question, disqualified or disentitled to act as such.

Section Regulations Section Notwithstanding the generality of subsection (1), regulations made under this section may provide for— Regulations made under subsection (1) may, in respect of any contravention of any of the regulations— The Minister may, by statutory instrument, make regulations generally for the better carrying into effect of the provisions of this Act. the conditions and terms upon which any specified facilities or services within the scope of the functions of the Institute shall be provided to members of the public and other persons; fixing the fees, rates and other charges for or in connection with the provision by the Institute of any facilities or services; the proper management, control and administration of the Institute ; regulating discipline amongst employees of the Institute and disciplinary proceeding against them; any matter which, in the opinion of the Board , is necessary to provide for the efficient performance of the functions of the Institute ; and anything which is required to be prescribed under this Act. prescribe a penalty of a fine not exceeding five thousand currency points or imprisonment for a term not exceeding ten years, or both; in the cas...

Section Amendment of Schedules Section The Minister may, by statutory instrument, with the approval of Cabinet, amend Schedule 1. The Minister may, by statutory instrument, amend Schedule 2.

Section Vesting of assets and liabilities Section On the commencement of this Act— all property and assets vested in the Uganda Heart Institute Limited before the commencement of this Act shall be vested in the Uganda Heart Institute , subject to all interests, liabilities, obligations and trusts affecting the property; the Uganda Heart Institute shall have a right of occupancy over the site previously occupied by the Uganda Heart Institute Limited without any further authority than this Act; any money held by or on account of the Uganda Heart Institute Limited shall vest in the Uganda Heart Institute ; all contracts, agreements and undertakings made by the Uganda Heart Institute Limited and all securities lawfully given to or by it and in force immediately before the commencement of this Act shall have effect as contracts, agreements and undertakings by and with the Uganda Heart Institute and may be enforced by and against the Uganda Heart Institute accordingly; and any proceedings commenced by or against Uganda Heart Institute Limited may be continued by or against the Uganda Heart Institute .

Section Continuation of employment of employees of Uganda Heart Institute Limited Section The Institute shall, on the effective day of its operations, accept into it is employment, every person who immediately before the commencement of this Act, was an employee of the Uganda Heart Institute Limited and who was given an opportunity to serve by the Institute and has opted to serve as an employee of the Institute . The terms and conditions, including the salary, on which a person referred to in subsection (1) was employed immediately before the commencement of this Act, shall be no less favorable than those that applied to that person’s office immediately before the commencement of this Act. A person employed by the Uganda Heart Institute Limited at the commencement of this Act shall be paid terminal benefits and pensions in accordance with the existing terms and conditions of service of that employee. Nothing in this Act affects the pension rights under the Pensions Act of any person referred to in subsection (1). A person who is not accepted under subsection (1) as an employee of the Institute is entitled to terminal benefits and pensions in accordance with the existing terms and c...

Section Winding up of the Uganda Heart Institute Limited Section On the commencement of this Act, the Uganda Heart Institute Limited shall be wound up in accordance with the Companies Act, 2012.