(d) formulating administrative rules, guidelines and procedures to facilitate the achievement of the targets set up by the Board; (e) exercising any other functions that may be imposed or conferred upon him or her in terms of this Act or any other enactment. 11 Responsibility for administration of Health Service Subject to this Act— (a) the number of offices, posts and grades in the Health Service shall be fixed by the Board in consultation with the Minister and with the concurrence of the Minister responsible for finance; (b) the general supervision of members of the Health Service shall be the responsibility of the Board. 12 Appointments, promotions and dismissals (1) The appointment, assignment and promotion of persons to offices, posts and grades within the Health Service Secretariat shall be effected by the Board. (2) Subject to such directions as the Board may give, the appointment, assignment and promotion of persons to offices, posts and grades at central and provincial or district hospitals shall be effected by hospital management boards. (3) When considering persons for appointment to or promotion within the Health Service, the Board or hospital management board concerned shall— (a) have regard to the merit principle, that is, the principle that preference should be given to the person who in its opinion is the most efficient and suitable for appointment to the office, post or grade concerned; and (b) ensure that there is no discrimination on the ground of race, tribe, place of origin, political opinion, colour, creed, gender or physical disability. (4) The discipline, suspension and dismissal of persons from the Health Service Secretariat shall be effected by the Board. (5) The discipline, suspension and dismissal of persons employed at any central, provincial or district hospital shall be effected by the hospital management board of the hospital concerned. 13 Conditions of service of members of Health Service (1) The conditions of service applicable to members of the Health Service, including their remuneration, allowances, pension benefits, leave of absence, hours of work, discipline and discharge, shall be fixed by the Board, in consultation with the Minister: Provided that, to the extent that such conditions may result in an increase in expenditure chargeable on the Consolidated Revenue Fund, the concurrence of the Minister responsible for finance shall be obtained. (2) Conditions of service may be fixed in terms of subsection (1) by means of service regulations, notices, circulars or in any other manner that the Board considers will best bring the conditions to the attention of members of the Health Service who are affected by them: Provided that, in the event of any conflict between service regulations and the contents of any such notice or circular, the service regulations shall prevail to the extent of the conflict. (3) Subject to Schedule 6 to the Constitution, the Board may, in terms of subsection (1) alter the conditions of service of existing members of the Health Service: Provided that no member’s fixed salary or salary scale shall be reduced except when the member has been found guilty of misconduct or has consented to the reduction. (4) Conditions of service fixed in terms of subsection (1) may provide that, before a member of the Health Service is permitted to undergo a course of training or study, he or she shall enter into an agreement with the Board whereby the member undertakes that— (a) he or she will serve the Health Service for a period specified in the agreement following the completion of all or any part of such course; and (b) should he or she be discharged from or leave the Health Service at any time during the course or before the expiry of the period specified in paragraph (a), he or she will repay to the State such amount as may be provided for in the agreement; and any amount referred to in paragraph (b) shall be a debt due by him or her to the State and may be sued for or otherwise recovered from him or her by the Minister. (5) Without derogation from the generality of subsection (1), conditions of service fixed in terms of that subsection may provide for the dismissal or discharge of a member of the Health Service— (a) owing to— (i) the abolition of his or her office or post; or (ii) a reduction in or an adjustment of the organisation of any part of the Health Service; or (b) if the removal will help to improve efficiency or economy in the Health Service, or in the Ministry or the department of the Health Service in which he or she is serving.

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