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LAGOS STATE MODEL CITY DEVELOPMENT AUTHORITY
ARRANGEMENT OF SECTIONS
1. Establishment of the Lagos State Model City Development Authority
2. Composition of the Authority
3. Model City Development Areas
4. Establishment and Composition of Model City Development Area Committee
5. Appointment of Members of the Authority/ Committee
6. Tenure of Members
7. Removal of Members
8. Remuneration of the Chairman and members
9. General Manager of the Authority
10. Executive Secretary of the Committee
11. Policies and Programmes of the Authority/Committee
12. Functions of Authority Committees
13. Powers of the Committees
14. Government Institutional Offices
15. Power of Authority/Committees to engage Staff
16. Remuneration of Staff
17. Operative Departments of the Authority
18. Operative Departments of the Committees
19. Common Seal of the Authority/Committees
20. Funds and Resources of the Authority
21. Funds and Resources of Committees
22. Power to Borrow
23. Quorum of the Authority/Committees
24. Accounts and Audits
25. Annual Report
26. Enforcement of Approval Order for a Model City
30. Citation and Commencement
LAGOS STATE MODEL CITY DEVELOPMENT AUTHORITY LAW
LAW NO. 15 – A LAW TO PROVIDE FOR THE ESTABLISHMENT OF LAGOS STATE MODEL CITY DEVELOPMENT AUTHORITY AND FOR CONNECTED PURPOSES. 7TH AUGUST 2009
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Establishment of the Lagos State Model City Development Authority
1. (1) There is established the Lagos State Model City Development Authority (referred to in this Law as “the Authority”).
(2) The Authority shall-
(a) be a body corporate with perpetual succession, and a common seal;
(b) have power to sue
and be sued in its corporate name; and
(c) be capable of acquiring, holding or disposing of any property, movable or immovable for the purpose of carrying out any of its functions under this Law.
Composition of the Authority
2. The Authority shall be composed of the following members-
(2) General Manager;
(3) A representative each of the following Ministries-
(i) Physical Planning and Urban Development
(ii) Works and Infrastructure;
(iii) justice; and
(iv) Local Government and Chieftaincy Affairs.
(4) Two representatives of the organized private sector operating in the State.
Model City Development Areas
3.- (1) The Commissioner may from time to time establish Model City Areas.
(2) Any Development Plan made in accordance with the Provisions of this Law shall have effect as any other provision of this Law.
Establishment and Composition of Model City Development Area Committee
4.-(1) For each Model City Development Area there shall be a Model City Development Area Committee (hereinafter referred to as “”the Committee•”) charged with the responsibility of monitoring and reporting non-compliance “with the provisions of this Law or any Development Plan made pursuant to this Law.
(2) Each Model City Development Area Committee shall be made up of the following-
(i) The Chairman:
(ii) The Executive Secretary
(iii) Representative of the affected Local Government(s) in rotation;
(iv) Community Development Committee
(v) Secretary to the Community Development Committee;
(vi) Two Representatives of Non-Governmental Organisations;
(vii) District Officer in each Local Planning Authority;
(viii) A Representative of the following professional bodies in the built environment-
(a) Nigerian Institute of Architects;
(b) Nigerian Institute of Builders;
(c ) Nigerian Institute of Estate surveyors and Valuers;
(d) Nigerian Society of Engineers;
(e) Nigerian Institute of quality Surveyor;
(f) Nigerian Institute of Surveyors; and
(g) Nigerian Institute of Town Planners.
(ix) The Committee shall be the operating arm of the Authority in each Model City Development Area and shall be responsible to the Authority:
(x) The Office of the Committees and such other
offices as the Authority ma~ permit shall be located within a Model City
(xi) The provisions of this Law governing the appointment tenure, removal,meetings and proceedings of the Authority shall apply to the Committees.
Appointment of Members of the Authority/ Committee
5. The Chairmen and other members of the Authority Committees shall be appointed by the Governor, on the recommendation of the Commissioner.
Tenure of Members
6. The Chairmen and other members of the Authority/Committees shall hold office for a term of five (5) years. Which may be renewed for one further term of five (5) years subject to the approval of the Governor?
Removal of Members
7. The Chairmen and other members of the Authority/Committees shall cease to become members before their terms expire if-
(a) the Governor terminates the appointment of such members;
(b) such member resigns his appointment in writing;
(c) such member is convicted of a criminal offence;
(d) such member is incapacitated due to ill health or insanity; or
(e) such member is unable to cope with the functions of the Authority/Committees.
Remuneration of the Chairman and members
8.-(a) The Chairmen and other members of the Authority/Committees shall be paid such remuneration as the Governor may determine from time to time.
(b) The sitting allowance of the representatives of the Ministries, Parastatals. and Local Governments shall be determined by the Authority.
General Manager of the Authority
9.—(1) There shall be an officer of the Authority to be known as the General Manager.
(2) The General Manager shall be;
(a) a Town Planner with at least (10) years cognate experience and registered to practice in Nigeria
(b) the accounting officer, with responsibility for the implementation of the policy decisions of the Authority.
(c) responsible for the day-to-day administration of the affairs of the Authority in accordance with the provisions of this law; and
(d) shall perform all other duties as may be assigned to him by the Authority.
(3) The General Manager shall cease to hold office if;
(a) his appointment is terminated in accordance with the provisions of section 7 of this Law; or
(b) he is dismissed in accordance with the provisions of relevant Laws.
Executive Secretary of the Committee
10.-(1) There shall be an officer of the Committee to be known as the Executive Secretary;
(a) a Town Planner with at least seven (7) years cognate experience, registered to practice in Nigeria;
(b) the accounting officer with responsibility for the implementation of the policy decisions of the Model City Development Area;
(c) responsible for the day to day administration of the affairs of the Committee, in accordance with the provisions of this Law; and.
(d) shall perform other duties as may be assigned to him by the Committee.
Policies and Programmes of the Authority/Committee
11.-(1) The policies and programmes of the Authority/Committees shall be in consonance with the State general Physical Development Plans and the Model City Master Plans.
(2) The Committees shall forward a quarterly Report of their activities to the Authority while the Authority shall forward its quarterly Report to the Commissioner.
Functions of Authority Committees
12.-(1) The Authority shall subject to Section 11 (1) of this Law and all relevant existing legislations-
(i) supervise, monitor and co-ordinate the activities of the Committees throughout the State:
(ii) Approve various Committee projects and programmes;
(iii) Provide general direction to the Committees; and
(iv) Approve yearly budget, rolling plans for all the Committees.
(2) The Committees shall subject to Section 11(1) of this Law and all relevant existing legislations-
(a) implement the Approval Order for the Model City as the Ministry through the Model City Development Authority may by regulation establish:
(b) upgrade existing facilities and provide additional infrastructural facilities and services in the Model City:
(c) oversee and supervise the day to day management of infrastructure and developments in the Model City:
Powers of the Committees
13. [The Committee shall have power to]
(a) monitor compliance with the Development Plan Approval Order for Model City Area which the Ministry may by regulation establish.
(b) conclude contracts with any person or corporate body for the construction or repair of dwelling houses. industrial buildings, roads. sewage. water supply. Electricity, recreation centres and other structures within the Model City:
(c) enter into contracts and agreements with any public or private corporation or any individual for the joint use of property belonging either to the authority or to the other contracting party or Jointly to both parties and for the joint acquisition of real and personal property. rights and franchises. and the joint financing. construction. and operation of plants. buildings. transmission lines. and other facilities:
(d) sell its products and services to public and private companies and other consumers: and
(e) where necessary subject to the provisions of Section 14 of this Law, modify the Development plan for model City development Area with the consent of the Commissioner and grant approval foe development in furtherance of such modifications.
Government Institutional Offices
14. Government Institutional Offices within a Model City Area shall continue to be used for the public purpose for which the Offices were developed and no alteration of use shall be allowed.
Power of Authority/Committees to engage Staff
15. The Authority/Committees may from time to time-
(1) engage or employ their staff for the execution of their functions under the provisions of this Law:
(2) with the approval of the Governor engage consultants or contractors as deemed necessary for the due and proper execution of its function: and
(3) review the conditions of service of employees of the Authority/ Committees subject to the approval by the Governor:
Remuneration of Staff
16.-(1) The remuneration of members of the Authority/Committee and employees shall be determined by the Governor.
(2) The Authority may require any employee to give such security as it deems proper for the due execution of the duties of his/her office
Operative Departments of the Authority
17. The following shall be the Operative Departments of the Authority-
(i) Physical Planning/Implementation Department;
(ii) Design and Construction Department;
(iii) Research and Statistics Department;
(iv) Finance and Administrative Department;
(v) Audit Department;
(vi) Public Relations Department;
(vii) Monitoring and Evaluation Department; and
(viii) Legal and Enforcement Department.
Operative Departments of the Committees
18.-(1) The following shall be the Operative Departments of the Committees-
(i) Physical Planning/Implementation
(ii) Design and Construction; and
(iii) Finance and Administration which shall include the Legal and Public Relations Units.
(2) The duties of the departments contained in Section 17 and 18 shall be in line with the existing public service schedule of duties and nothing in both Sections shall be construed to prevent the creation or establishment of other Departments.
Common Seal of the Authority/Committees
19.-(1) The Seal of the Authority shall be authenticated by the signature of the General Manager.
(2) The Seal of the Committee shall be authenticated by the signature of the Executive Secretary.
Funds and Resources of the Authority
20.-(1) The Authority shall establish and maintain a fund from which it shall defray all expenditure incurred by the Authority; and
(2) In addition to grants from the State Government, each Committee shall fund the Authority with (Ten) 10% of it proceeds from Infrastructural Development Charge.
Funds and Resources of Committees
21.-(1) Each Committee shall establish and maintain a fund from which shall be defrayed all expenditure incurred by the Committee;
(a) service charges, betterment charges on all properties. Infrastructural development charges and another levy that may be imposed by the Committee:
(b) grants aids, donation and assistance from donor agencies;
(c) revenue from the sale of products and services to public, private corporations and other consumers.
(d) grants and subventions from Local Government Councils within a model city Development Area, the State and the Federal Government;
(e) debentures, investments or sums accruing from properties vested in the Committee;
(f) such monies raised by loan under the powers to borrow, vested in the Committee by the Law;
(g) all monies which may be vested in the Committee under any enactment or Law: and
(h) all other sums accruing to the Committee under any enactment or Law.
(3) Each Committee may from time to time apply the proceeds of the fund for:
(a) the cist of administration of Model City development Areas;
(b) the payments of salaries, fees and other remuneration of employees of the Committee, experts or professionals appointed by the Committee:
(c) the maintenance of any property acquired by or vested in the Committee and
(d) any expenditure connected with all or any of the functions of the Committee under this Law.
Power to Borrow
22. The Authority/Committees may with the approval of the Governor from time to time borrow money, by way of loan or overdraft from any source. in connection with the exercise of its functions under this Law.
Quorum of the Authority/Committees
23.-(1) The quorum of the Authority at any meeting shall comprise of the Chairman, the General Manager and at least four (4) other members of the Authority.
(2) The quorum of the Committee at any meeting shall comprise of the Chairman, the Executive Secretary and at least seven (7) members of the Committee.
Accounts and Audits
24.-(1) The Authority Committees shall keep accounts of their transactions in accordance with standard accounting practice in the State’s Public service and the management of the accounts shall conform to the best accounting standards:
(2) Accounts shall be audited annually by a registered firm of auditors appointed and approved for that purpose by the Auditor-General of the State.
25.-(1) The Authority shall submit an Annual Report of their activities to the Governor or his appointed representative.
(2) The Committees shall submit Annual Reports of their activities to the Authority.
Enforcement of Approval Order for a Model City
26.-(1) The Authority/Committees may at all reasonable times enter any premises, any land, property or water within a Model City for the purpose of making inspection and surveys and ensuring compliance with the Approval Order for the Model City.
(2) The Authority/Committee shall request the relevant authorities to enforce compliance under the provisions of the Urban and Regional Planning and Development Law of the State where any owner/occupier/developer contravenes the Approval Order for a Model City.
27.- (1) Any owner, occupier. or developer who embarks on a construction, development, alteration or modification of any property in violation or contrary to the Model City plan without obtaining necessary approval commits an offence and shall be liable on conviction to imprisonment for a term of two (2) years or a fine of N 1.000.000.00 (One Million Naira) or both:
(2) Any property with respect to which an offence is committed under subsection (I) of this Section shall be liable to be demolished after the necessary statutory notices under the provisions of the Urban and Regional Planning and Development Law have been served on the owner, occupier, or developer.
28. The Authority may with the approval of the Lagos State House of Assembly make regulations generally for carrying into effect the provisions of this Law.
29. In this Law unless the context otherwise requires, the following expressions shall have the meanings assigned to them, that is to say:
“Approval Order” means any regulation made by the Commissioner designating an area as a Model City Development Area and stipulating the Master Plan for use in such Model City Development Area:
“Betterment Charges” means a levy imposed for increase in the value of property brought about by reason of development in infrastructure within the Model City or an area adjacent to or near the property:
“Chairman” means the Chairman of the Authority or Model City Development Area:
“Commissioner” means the Hon Commissioner for Physical Planning and Urban Development or any person for the time being duly assigned the functions of the Commissioner.
“Community Development Committee” (CDC) mean recognized, active umbrella body of the Community Development Association:
“Governor” means the Governor of Lagos State of Nigeria;
“Infrastructural Development Charge” means a levy on any approved development for increasing demand on infrastructure provided in the Model City by the Authority/Committee or the Government. In case of residential, excess of two family units or 600m2 in medium and I000m2 in high density area.
“Organized Private Sector” means registered professional bodies in the Construction and building sector, business and trading organizations or Associations and Manufacturing Association of Nigeria:
“State” means Lagos State of Nigeria.
Citation and Commencement
30. This Law may be cited as the Lagos State Model City Development Authority Law and shall come into force on the 4th day of May 2009.
This printed impression has been compared by me with the Bill, which
has been passed by the Lagos State House of Assembly and found by mc to be a
true and correctly printed copy of the said Bill.
A. T. OLATUNJI
Clerk of the House of Assembly
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