FEDERAL MEDICAL CENTRE MUBI (ESTABLISHMENT) ACT, 2022
Section 22: Removal and discipline of clinical, administrative and technical staff
(1) Where it appears to the Board that there are reasons for believing that any person employed as a member of the clinical, administrative or technical staff of the Centre, other than the Chief Medical Director, should be removed from his office or employment, the Board shall require the Director of Administration to -
(a) give notice of those reasons to the person in question;
(b) afford him an opportunity of making representations in person on the matter to the Board; and
(c) if the person in question so requests, within a period of one month beginning with the date of the notice, make arrangements for-
(i) a committee to investigate the matter and report on it to the Board, and
(ii) the person in question to be afforded an opportunity of appearing before and being heard by an investigating committee set up with respect to the matter, and if the Board, after considering the report of the investigating committee, is satisfied that the person in question should be removed, the Board may remove him by a letter signed on the direction of the Board.
(2) The Chief Medical Director may, in a case of misconduct by a member of the staff which in the opinion of the Chief Medical Director is prejudicial to the interest of the Centre, suspend any such member and the suspension shall forthwith be reported to the Board.
(3) For good cause, any member of staff may be suspended from his duties, his appointment may be terminated or he may be dismissed by the Board and for the purposes of this section, "good cause" means -
(a) a conviction for any offence which the Board considers to be such as to render the person concerned unfit for the discharge of the functions of his office;
(b) any physical or mental incapacity which the Board, after obtaining medical advice, considers to be such as to render the person concerned unfit to continue to hold his office;
(c) conduct of a scandalous or other disgraceful nature which the Board considers to be such as to render the person concerned unfit to continue to hold his office; or
(d) conduct which the Board considers to be such as to constitute a failure or inability of the person concerned to discharge the functions of his office or to comply with the terms and conditions of his service.
(4) Any person suspended shall, subject to subsections (2) and (3) be on half pay and the Board shall before the expiration of a period of three months after the date of the suspension consider the case against that person and come to a decision as to whether to -
(a) continue the person's suspension and if so, on what terms (including the proportion of his emoluments to be paid to him);
(b) reinstate the person, in which case the Board shall restore his full emoluments to him with effect from the date of suspension;
(c) terminate the appointment of the person concerned, in which case he shall not be entitled to the proportion of his emoluments withheld during the period of suspension; or
(d) take such lesser disciplinary action against the person (including the restoration of his emoluments that might have been withheld), as the Board may determine, and in any case where the Board, under this section, decides to continue a person's suspension or decides to take further disciplinary action against the person, the Board shall before the expiration of a period of three months from such decision come to a final determination in respect of the case concerning the person.
(5) The person by whom a letter of removal is signed under subsection (1) shall use his best endeavors to cause a copy of the letter to be served as soon as reasonably practicable on the person to whom it relates.
(6) Nothing in the foregoing provisions of this section shall preclude the Board from making such regulations not inconsistent with the provisions of this Act for the discipline of students and all other categories of employees of the Centre as the Board may prescribe.
(7) Regulations made under subsection (6), need not be published in the Federal Government Gazette but the Board shall cause them to be brought to the notice of all affected persons in such manner as it may determine.
Cite this section
Section 22, FEDERAL MEDICAL CENTRE MUBI (ESTABLISHMENT) ACT, 2022 (2022).
https://repo.podus.ai/laws/federal-medical-centre-mubi-establishment-act-2022/section/22/