Law establishing the University Teaching Hospital (CHU) and Determining its Mission, Organisation and Functioning


Rwanda

Law establishing the University Teaching Hospital (CHU) and Determining its Mission, Organisation and Functioning

Law 91BIS of 2013

We, KAGAME Paul,President of the Republic;THE PARLIAMENT HAS ADOPTED AND WE SANCTION, PROMULGATE THE FOLLOWING LAW AND ORDER IT BE PUBLISHED IN THE OFFICIAL GAZETTE OF THE REPUBLIC OF RWANDA
THE PARLIAMENT:The Chamber of Deputies, in its session of 19 December 2013;The Senate, in its session of 26 November 2013;Pursuant to the Constitution of the Republic of Rwanda of 04 June 2003 as amended to date, especially in Articles 41, 62, 66, 67, 88, 89, 90, 92, 93, 95, 108, 113, 118, 183 and 201;Pursuant to Organic Law nº 06/2009 of 21/12/2009 establishing general provisions governing public institutions, as modified and complemented to date;Having reviewed Law n° 37/2007 of 03/09/2007 determining the organization, functioning and responsibilities of the University Hospital Centre (CHU);ADOPTS:

Chapter One
General provisions

Article One – Purpose of this Law

This Law establishes the University Teaching Hospital of the University of Rwanda, CHU in French abbreviation. It also determines its mission, organization and functioning.CHU has a legal personality, administrative and financial autonomy and shall be governed in accordance with the general provisions governing public institutions.

Article 2 – CHU head office

The head office of CHU shall be located in Huye District in the Southern Province. It may be transferred elsewhere in Rwanda if considered necessary.

Article 3 – Hospitals of CHU

CHU shall be comprised of the University Teaching Hospital of Butare (CHUB) located in Huye District in the Southern Province and the University Teaching Hospital of Kigali (CHUK). Muhima Hospital shall become a specialized centre of CHU for maternal and child medical.CHU may include any other hospital or a specialised centre upon approval by a Prime Minister’s Order.

Chapter II
Mission of CHU

Article 4 – Mission of CHU

CHU shall have the following main mission:to provide quality health care;to provide medical education;to conduct research in health issues;to provide support to Provincial and District hospitals in terms of health care services and capacity building;to contribute to the improvement of health care services by supporting the development of protocols and guidelines for all levels of health care facilities;to establish partnerships and collaboration with other institutions with similar mission at local, regional and international levels.

Chapter III
Supervising authority of CHU and its category

Article 5 – Supervising authority of CHU and its category

A Prime Minister’s Order shall determine the supervising authority of CHU and its category.There shall be concluded between the supervising authority of CHU and the decision-making organ a performance contract determining competences, rights and obligations of each party in order for CHU to fulfil its mission.Such a contract shall be valid for a period equal to the term of office of members of the decision making organ of CHU.

Chapter IV
Organisation and functioning of CHU

Article 6 – Management organs of CHU

CHU shall be comprised of the following two (2) management organs:the Board of Directors;the General Directorate.An Prime Minister’s Order may determine other necessary organs in order for CHU to fulfil its mission.

Section One – Board of Directors

Article 7 – Board of Directors of CHU

The Board of Directors of CHU shall be the governing and decision-making organ.The competence, responsibilities and functioning of the Board of Directors as well as the responsibilities and the term of office of its members shall be determined by a Prime Minister’s Order.A Presidential Order shall appoint seven (7) members of the Board of Directors including the Chairperson and the Vice Chairperson.Members of the Board of Directors shall be selected on the basis of their competence and expertise.At least thirty per cent (30%) of the members of the Board of Directors shall be females.

Article 8 – Sitting allowances for members of the Board of Directors

Members of the Board of Directors present in meetings of the Board of Directors shall be entitled to sitting allowances determined by a Presidential Order.

Article 9 – Incompatibilities with membership of the Board of Directors

Members of the Board of Directors shall not be allowed to perform any remunerated activity within CHU.They shall also not be allowed, either individually or companies in which they hold shares, to bid for tenders of CHU.

Section 2 – General Directorate

Article 10 – Membership of the General Directorate

Members of the General Directorate of CHU shall be appointed by a Presidential Order.The competences and responsibilities of members of the General Directorate of CHU as well as modalities for fulfilling the duties shall be determined by a Prime Minister’s Order.

Article 11 – Statutes governing staff of CHU and benefits for members of the General Directorate and staff of CHU

The staff of CHU shall be governed by the General Statutes for Public Service.Benefits allocated to the members of the General Directorate and staff of CHU shall be determined in accordance with legal provisions governing benefits to employees of public institutions.

Article 12 – Organization, functioning and responsibilities of organs of CHU

The organization, functioning and responsibilities of organs of CHU shall be determined by a Prime Minister’s Order.

Article 13 – Collaboration between CHU and the University of Rwanda

A Prime Minister’s Order shall determine modalities of collaboration between the CHU and the University of Rwanda.

Chapter V
Property and finance of CHU

Article 14 – Property of CHU and its sources

The property of CHU shall be comprised of movables and immovables.The property of CHU shall come from the following sources:State budget allocations;State or partners subsidies;income from the services rendered by each of University Hospitals;proceeds from its property;loans to CHU as approved by the Minister in charge of finance;donations and bequests;The property formerly owned by the University Hospital Centre as established by the Law no 41/2000 of 07/12/2000 establishing and organising the University Hospital Centre and the property which was allocated to the Muhima Hospital.

Article 15 – Management, use and audit of the property

The use, management and audit of the property of CHU shall be carried in accordance with the relevant legal provisions.The internal audit unit of CHU shall submit a report to the Board of Directors with a copy to the head of the General Directorate of CHU.

Article 16 – Approval and management of the budget of CHU

The budget of CHU shall be approved and managed in accordance with relevant legal provisions.

Article 17 – Annual financial report

Within three (3) months following the closure of the financial year, the head of General Directorate of CHU shall submit the annual financial report to the supervising authority of CHU upon its approval by the Board of Directors in accordance with legal provisions governing management of State finance and property.

Chapter VI
Miscellaneous and final provisions

Article 18 – Transfer of contracts and property

Agreements of CHU that were performed before the publication of this Law in the Official Gazette of the Republic of Rwanda shall remain valid.The following properties shall be transferred to CHU established by this Law:movable and immovable assets, as well as liabilities of CHU governed by Law no 41/2000 of 07/12/2000 establishing and organising the University Hospital Centre;movable and immovable assets which were allocated to Muhima Hospital and its liabilities.

Article 19 – Drafting, consideration and adoption of this Law

This Law was drafted in English, considered and adopted in Kinyarwanda.

Article 20 – Repealing provision

Law n° 37/2007 of 03/09/2007 determining the organization, functioning and responsibilities of the University Hospital Centre and all prior legal provisions contrary to this Law are hereby repealed.

Article 21 – Commencement

This Law shall come into force on the date of its publication in the Official Gazette of the Republic of Rwanda.
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History of this document

10 February 2014 this version
22 January 2014
Assented to