Infrastructure Concession Regulatory Commission (Establishment, Etc.) Act

INFRASTRUCTURE CONCESSION REGULATORY COMMISSION (ESTABLISHMENT, ETC.) ACT, 2005

ARRANGEMENT OF SECTIONS

SECTION

1. Conduct with Private Sector for the construction, maintenance of Federal Infrastructures, Etc

2. Priority Projects

3. Guarantee on Concession Agreement.

4. Competitive Public bidding for projects and contracts.

5. Circumstances where competitive bidding for contracts may not be necessary.

6. Duration of Concession.

7. Recovery of Investment, etc.

8. Authentication of Project cost.

9. Establishment of Special Account, etc.

10. Power to inspect.

11. Arbitrary variation of agreements.

12. Supervision of Project under concession.

13. Right of way, etc.

14. The Establishment of the Infrastructure Concession Commission, etc.

15. Establishment of the Governing Board for the Commission.

16. Tenure of Office.

17. Cessation of Membership.

18. Emolument etc of Members.

19. Powers of the Commission.

20. Functions of the Commission.

21. Director-General of the Commission.

22. Other staff of the Commission.

23. Pensions Act 2004.

24. Funds of the Commission.

25. Expenditure of the Commission.

26. Annual Estimates and Accounts.

27. Annual Reports.

28. Power to accept gifts.

29. Limitation of suits against the Commission, etc. Cap 379 LFN.

30. Service Documents.

31. Restriction On Execution Against Property Of the Commission.

32. Indemnity of Officers.

2005 No. 18 Infrastructure Concession Regulatory Commission

33. Directives by the President, etc.(Establishment, Etc.)Act

34. Power to Make Regulations.

35. Secrecy.

36. Interpretation.

37. Short Title.

SCHEDULE.

INFRASTRUCTURE CONCESSION REGULATORY COMMISSION (ESTABLISHMENT, ETC.) ACT, 2005

2005 ACT No. 18

AN ACT TO PROVIDE FOR THE ESTABLISHMENT OF THE INFRASTRUCTURE CONCLSSION REGULATORY COMMISSION, AND FOR RELATED MATTERS

[10th Day of November. 2005] ENACTED by the National Assembly of the Federal Republic of Nigeria –

PART I – PRIVATE SECTOR PARTICIPATION IN FEDERAL INFRASTRUCTURE

1.–(1) As from the commencement of this Act, any Federal Government Ministry, Agency, Corporation or body involved in the financing, construction, operation or maintenance of infrastructure, by whatever name called, may enter into a contract with or grant concession to any duly pre-qualified project proponent in the private sector

for the financing, construction, operation or maintenance of any infrastructure that is financially viable or any development facility of the Federal Government in accordance with the provisions of this Act.