An Act to provide for surveillance, inspection, operation and maintenance of the specified dam for prevention of dam failure related disasters and to provide for institutional mechanism to ensure their safe functioning and for matters connected therewith or incidental thereto. BE it enacted by Parliament in the Seventy-second Year of the Republic of India as follows:?
(1) This Act may be called the Dam Safety Act,2021.
(2) It extends to the whole of India.
(3) It shall come into force on such date1as the Central Government may, by notification in theOfficial Gazette, appoint.
30th December, 2021, vide notification No. S.O.5422(E), dated 30th December, 2021, see Gazette of India, Extraordinary,Part II, sec. 3 (ii).
It is hereby declared that it is expedient in thepublic interest that the Union should take under its control the regulation of uniform dam safetyprocedure for specified dam to the extent hereinafter provided
Save as provided under this Act, it applies to the owner of every specifieddam, u2014
(a) being a public sector undertaking or institution or a body owned or controlled by the CentralGovernment or a State Government or jointly by one or more Governments, as the case may be;and
(b) being an undertaking or company or institution or a body other than those owned orcontrolled by the State Government or the Central Government, as the case may be.
In this Act, unless the context otherwise requires,
(a) "alteration" of dam means alterations or repairs as may directly affect the safety of the damor reservoir;
(b) "annual report" means a report giving the activities of the Authority and the State DamSafety Organisation and the safety status of the specified dams falling under their jurisdictionduring each financial year;
(c) "appurtenant" structure means the structure being
(i) spillways, either in the dam or separate therefrom;
(ii) low level outlet structure and water conduits such as tunnels, pipelines or penstocks,either through the dam or its abutments or reservoir rim;
(iii) hydro-mechanical equipment including gate, valve, hoist, elevators;
(iv) energy dissipation and river training structure; and
(v) other associated structures acting integrally with the dam or its reservoir or reservoir rim;
(d) "Authority" means the National Dam Safety Authority established under section 8;
(e) "dam"means any artificial barrier and its appurtenant structure constructed across rivers ortributaries thereof with a view to impound or divert water which also include barrage, weir andsimilar water impounding structures but does not include
(a) canal, aquaduct, navigation channel and similar water conveyance structures;
(b) flood embankment, dike, guide bund and similar flow regulation structures;
(f) "dam failure" means any failure of the structure or operation of a dam which leads touncontrolled flow of impounded water resulting in downstream flooding, affecting the life andproperty of the people and the environment including flora, fauna and riverine ecology.
Explanation.--For the purposes of this clause, failure in the operation shall mean such faultyoperations of the dam which are inconsistent with the operation and maintenance manual;
(g) "dam incident" means all such problems occurring to a dam that have not degraded into adam failure, and includes
(i) any structural damage to the dam and the appurtenant structure;
(ii) any unusual reading of any instrument in the dam;
(iii) any unusual seepage or leakage through the dam body;
(iv) any unusual change in the seepage or leakage regime;
(v) any boiling or artesian condition noticed below the dam;
(vi) any sudden stoppage or unusual reduction in seepage or leakage from the foundation orbody of the dam or any of its galleries;
(vii) any malfunction or inappropriate operation of gates;
(viii) occurrence of flood, the peak of which exceeds the available flood discharge capacityof the dam or seventy per cent. of the approved design flood;
(ix) occurrence of flood, which resulted in encroachment on the available freeboard, or theapproved design freeboard;
(x) any unusual erosion in the near vicinity up to five hundred metres downstream of thespillway or waste-weir; and
(xi) any other occurrence which a prudent dam engineer may relate to dam safety concerns;
(h) "dam safety unit" means a dam safety unit of any specified dam referred to in section 30;
(i) "distress condition" means the occurrence or potential development of such conditions in thedam or appurtenance structure or its reservoir or reservoir rim, which if left unattended to, mayimpede the safe operation of dam for its intended benefits or may pose serious risks to the life andproperty of people and the environment including flora, fauna and riverine ecology;
(j) "documentation" means all permanent records including electronic records concerninginvestigation, design, construction, operation, performance, maintenance, major repair, alteration,enlargement and safety of dams and includes design memorandum, construction drawings,geological reports, reports of specialised studies simulating structural and hydraulic response of thedam, changes made in design and drawings, quality control records, emergency action plan,operation and maintenance manual, instrumentation readings, inspection and testing reports,operational reports, and dam safety review reports and other similar reports;
(k) "enlargement of dam" means any change in the scope of an existing dam or reservoir, whichraises water storage elevation or increases the volume of water impounded by the dam;
(l)"Government" means the Central Government or a State Government, as the case may be;
(m) "inspection" means on-site examination of any component of a dam and its appurtenantstructure;
(n) "investigation" means collection of evidence, detailed examination, analysis or scrutiny of aspecific problem pertaining to the dam and its appurtenant or a part thereof and includes laboratorytesting, in-situ testing, geological exploration, model testing and mathematical simulation of theproblem;
(o) "National Committee" means the National Committee on Dam Safety constitutedunder section 5;
(p) "notification" means a notification published in the Official Gazette and the term notifyshall be construed accordingly;
(q) "operation of dam" means elements of the use, control and functioning of the dam whichmay primarily affect the storage, release of water and the structural safety of the dam;
(r) "operation and maintenance manual" means the written instructions that provide operationprocedures, maintenance procedures, emergency procedures and any other features necessary forthe safe operation of dam;
(s) "owner of specified dam" means the Central Government or a State Government or jointlyby one or more Governments or public sector undertaking or local authority or company and any orall of such persons or organisations, who own, control, operate, or maintain a specified dam;
(t) "prescribed" means prescribed by rules made by the Central Government or, as the case maybe, by the State Government;
(u) "regulations" means the regulations made by the Authority under this Act;
(v)"remedial measures" means such structural or non-structural measures, as may be required inrelation to the specified dam or appurtenant structure or reservoir or reservoir rim or catchmentarea of reservoir for the purpose of removing or mitigating the distress condition of the specifieddam;
(w) "reservoir" in relation to a dam shall mean any spread of water impounded by a specifieddam;
(x) "specified dam" means a dam constructed before or after the commencement of this Act,which is,
(i) above fifteen metres in height, measured from the lowest portion of the generalfoundation area to the top of dam; or
(ii) between ten metres to fifteen metres in height and satisfies at least one of the following,namely: --
(A) the length of crest is not less than five hundred metres; or
(B) the capacity of the reservoir formed by the dam is not less than one million cubicmetres; or
(C) the maximum flood discharge dealt with by the dam is not less than two thousandcubic metres per second; or
(D) the dam has specially difficult foundation problems; or
(E) the dam is of unusual design;
(y) "State Committee" means the State Committee on Dam Safety constituted under sub-section(1) of section 11;
(z) "State Dam Safety Organisation" means the State Dam Safety Organisation establishedunder section 14; and
(za) "vulnerability and hazard classification" means the system or systems of classifying damson the basis of their condition, location, damage or hazard potential.
(1) With effect from such date as the CentralGovernment may, by notification, appoint, there shall be constituted, for the purposes of this Act, aNational Committee to be known as the National Committee on Dam Safety consisting of thefollowing members, namely:
(a) the Chairman, Central Water CommissionChairperson, ex officio;
(b) not exceeding ten representatives of the Central Government not below the rank of JointSecretary to that Government or equivalent dealing with matters relating to dam engineering ordam safety, nominated by the Central GovernmentMembers, ex officio;
(c) not exceeding seven representatives of the State Governments of the level of Engineer-inChief or equivalent by rotation, nominated by the Central GovernmentMembers, ex officio; and
(d) not exceeding three specialists in the field of dam safety and allied fields nominated by theCentral GovernmentMembers.
(2) The National Committee shall be constituted within a period of sixty days from the date ofcommencement of this Act, and shall be reconstituted for every three years thereafter.
(1) The National Committee shall discharge suchfunctions as specified in the First Schedule as may be necessary to prevent dam failure relateddisasters and to maintain standards of dam safety.
(2) The National Committee may, in discharge of its functions, constitute such sub-committees as itmay consider necessary to assist it and the secretarial assistance to the National Committee and thesub-committees shall be provided by the Authority.
(3) The knowledge and information collected or generated by the National Committee shall bedisseminated to all stakeholders by the Authority.
(1) The National Committee shall meet at such times andplaces and shall observe such rules of procedure in regard to the transaction of business at its meetingsin the manner as may be prescribed by the Central Government:
Provided that the National Committee shall meet twice in a year and one meeting shall be heldbefore the onset of the monsoon season.
(2) The National Committee may invite the representative of the owner of any specified dam andsuch other experts in dam safety (including international experts) as it may consider appropriate for thedischarge of its functions.
(3) The expenditure incurred on the National Committee shall be in such manner as may beprescribed by the Central Government.
(1) With effect from such date as theCentral Government may by notification, appoint, there shall be established for the purposes of thisAct, a National Dam Safety Authority, within a period of sixty days from the date of commencementof this Act.
(2) The Authority shall be headed by an officer not below the rank of Additional Secretary to theGovernment of India or equivalent to be appointed by the Central Government who have knowledgeof, and adequate qualification, experience and capacity in, dealing with problems relating to the damengineering and dam safety management.
(3) The headquarters of the Authority shall be at the National Capital territory of Delhi and theAuthority may establish offices at other places in India.
(4) The Authority shall comply with such directions as may, from time to time, be given to it by theCentral Government.
(1) The Authority shall discharge such functions as specified in theSecond Schedule as may be necessary to implement the policy, guidelines and standards evolved bythe National Committee for proper surveillance, inspection and maintenance of specified dams and forsuch purposes, it shall have the power to enforce the attendance of any person and call for anyinformation as may be necessary.
(2) Without prejudice to the provisions contained in sub-section (1), the Authority shall make allendeavours to resolve any issue between the State Dam Safety Organisations of States or between aState Dam Safety Organisation and any owner of a specified dam in that State.
(3) Every decision of the Authority taken in respect of matters under this Act shall be final andbinding upon all the parties to the issue.
(1) The Central Government shall, for the purpose ofenabling the Authority to perform functions under this Act, provide such number of officers and otheremployees as it may consider necessary:
Provided that the officers and other employees shall have such qualifications and experience in thefield of dam safety including dam-design, hydro-mechanical engineering, hydrology, geo-technicalinvestigation, instrumentation, dam-rehabilitation or such other fields as may be prescribed by theCentral Government.
(2) The functions, powers, terms and conditions of service of the officers and other employeesappointed under sub-section (1) shall be such as may be prescribed by the Central Government.
(1) With effect from such date as theState Government may, by notification, appoint, there shall be constituted, for the purposes of this Act,a State Committee on Dam Safety consisting of the following members, namely:--
(a) the Engineer-in-Chief or equivalent officer of the Department of the State responsible forDam Safety--Chairperson, ex officio;
(b) technical and scientific officers of the rank of Chief Engineer, not exceeding six persons,from such Departments as may be decided by the State Government or from such otherorganisations owing specified dams--Members;
(c) the Chief Engineer or equivalent level officer of each such upstream States in cases wherereservoir area of any of the specified dam of the State extends to another State--Members;
(d) the Chief Engineer or equivalent level officer of each such downstream State in cases whereflood release of any of the specified dam of the State flows to a neighbouring State Members;
(e) one representative of the Central Water Commission not below the rank of Director to benominated by the Chairman, Central Water Commission--Member;
(f) experts in the field of hydrology or dam designs, not exceeding three, from engineeringinstitutes--Members; and
(g) one representative of the Central Electricity Authority not below the rank of Director to benominated by the Chairman, Central Electricity Authority--Member.
(2) The State Committee shall be constituted within a period of hundred and eighty days from thedate of commencement of this Act, and reconstituted for every three years thereafter.
(1) The State Committee shall discharge such functions asspecified in the Third Schedule as may be necessary to prevent dam failure related disasters under thisAct as per guidelines, standards and other directions on dam safety issued by the Authority.
(2) The State Committee, in discharge of its functions, shall be assisted by such sub-committees asit may consider necessary, and the secretarial assistance to the State Committee as well as its subcommittees shall be provided by the concerned State Dam Safety Organisation.
(1) The State Committee shall meet at such times and placesand shall observe such rules of procedure in regard to the transaction of business at its meetings asmay be prescribed by the State Government:
Provided that the State Committee shall meet twice in a year and one meeting shall be held before theonset of the monsoon season.
(2) The State Committee may invite the representative of the owner of any specified dam and suchother experts in Dam Safety as it may consider appropriate, for the discharge of its functions.
(3) The expenditure incurred on the meetings of the State Committee shall be in the manner as maybe prescribed by the State Government.
(4) The specialist members and other expert invitees who attend the meetings of the StateCommittee or its sub-committees shall be paid such fees and allowances as may be prescribed by theState Government.
(1) The State Government shall, for thepurposes of this Act, by notification, establish in the Department dealing with dam safety, a separateorganisation, to be known as the State Dam Safety Organisation, within a period of hundred and eightydays from the date of commencement of this Act:
Provided that in States having more than thirty specified dams, the State Dam Safety Organisationshall be headed by an officer not below the rank of Chief Engineer or equivalent, and in all othercases, the State Dam Safety Organisation shall be headed by an officer not below the rank ofSuperintendent Engineer or equivalent.
(2) The State Dam Safety Organisation shall be responsible to, and report to, the technical head ofthe Department dealing with Dam Safety.
(3) The organisational structure and work procedures of the State Dam Safety Organisation shall besuch as may be prescribed by the State Government.
(4) The administrative and other expenses of the State Dam Safety Organisation shall be borne bythe respective State Government.
(1) The State Governmentshall, having regard to the number of specified dams in that State, provide such number of officers andemployees to the State Dam Safety Organisation as it may consider necessary for the efficientfunctioning of the said Organisation:
Provided that the officers and employees shall have such qualifications and experience in the fieldof dam safety including dam-design, hydro-mechanical engineering, hydrology, geo-technicalinvestigation, instrumentation, dam-rehabilitation or such other field as may be prescribed by the StateGovernment.
(2) The functions and powers of the officers and employees appointed under sub-section (1) shallbe such as may be prescribed by the State Government.
(1) Every State Dam Safety Organisation shall, u2014
(a) keep perpetual surveillance;
(b) carry out inspections; and
(c) monitor the operation and maintenance,of all specified dams falling under their jurisdiction to ensure continued safety of such specified damsand take such measures as may be necessary to address safety concerns that are noticed with a view toachieve satisfactory level of dam safety assurance as per such guidelines, standards and otherdirections on dam safety as may be specified by the regulations.
(2) The State Dam Safety Organisation, for the purpose of enabling it to make decisions compatiblewith public safety, shall make or cause to be made such investigations and shall gather or cause to begathered such data as may be required for proper review and study of the various features of thedesign, construction, repair and enlargement of dams, reservoirs and appurtenant structures under theirjurisdiction.
The State Dam Safety Organisation shallclassify each dam under their jurisdiction as per such vulnerability and hazard classification criteria asmay be specified by the regulations.
(1) Every State Dam Safety Organisation shall maintain a logbook or database for each specified dam under their jurisdiction recording therein all activities relatedto the surveillance and inspection and all important events related to dam safety and with such detailsand in such form as may be specified by the regulations.
(2) Every State Dam Safety Organisation shall furnish all such information to the Authority as andwhen required by them.
(1) Every State Dam Safety Organisation shallreport the event of any dam failure under their jurisdiction to the Authority, and furnish anyinformation as and when required by them.
(2) Every State Dam Safety Organisation shall maintain the records of major dam incidents of eachspecified dams under their jurisdiction, and furnish all such information to the Authority as and whenrequired by them.
(1) Every State Dam Safety Organisation shallrender its instructions to the owner of a specified dam on the safety or the remedial measures requiredto be taken with respect to it.
(2) Every owner of the specified dam shall comply with the instructions issued by the State DamSafety Organisation with regard to safety or remedial measures in relation to any specified dam ownedby it.
Every owner of the specified dam shall earmarksufficient and specific funds for maintenance and repairs of the specified dam and to implement therecommendations of the State Dam Safety Organisation.
(1) Every owner of the specified dam shall compile all technicaldocumentations concerning hydrology, dam foundation, structural engineering of dam, watershedupstream of dam, and nature or use of land downstream of dam along with information on allresources or facilities of economic, logistic or environmental importance which are likely to beaffected due to dam failure.
(2) Every owner of the specified dam shall furnish all such information to the State Dam SafetyOrganisation and the Authority as and when required by them.
(3) Every owner of the specified dam shall equip its organisation with the state-of-the-artinformation technology tools to store, retrieve, and distribute the data related to the dam safety anddam performance.
Every individual responsible for safety of specified dams and all activities related thereto shall possesssuch qualifications and experience and shall undergo such training as may be specified by theregulations.
(1) Without prejudice to theprovisions of this Act, all specified dams, shall fall under the jurisdiction of the State Dam SafetyOrganisation of the State in which such dam is situated in matters relating to dam inspections, analysisof information, investigation reports or recommendations regarding safety status, and remedialmeasures to be undertaken to improve dam safety; and in all such matters, full co-operation shall beextended by the owner of the specified dam:
Provided that where a specified dam is owned by a Central Public Sector Undertaking or where aspecified dam is extended over two or more States, or where the specified dam in one State is ownedby another State, then the Authority shall be construed as the State Dam Safety Organisation for thepurposes of this Act:
Provided further that in all such dams where the Authority takes up the role of State Dam SafetyOrganisation, the Governments of the States within the jurisdiction of which such dams are locatedshall have access to all information relating to these specified dams as available with the Authority.
(2) The authorised representative of the Authority or concerned State Dam Safety Organisation forthe purposes of making any inspection or investigation necessary for the implementation of theprovisions of this Act, may enter upon any part of the specified dam or its site as and when requiredand apply such investigation methods, as may be considered necessary.
(3) After making inspection or investigation under sub-section (2), the representative referred to inthat sub-section is of the opinion that certain remedial measures are required to be taken, he shallreport such remedial measures to the officer-in-charge of such specified dam and to the concernedState Dam Safety Organisation.
(4) The Authority and concerned State Dam Safety Organisation, in cases of specified dams beingfound to be distressed on account of their age, degeneration, degradation, structural or otherimpediments, shall suggest such remedial measures on such operational parameters (includingmaximum reservoir level, maximum spillway discharge and maximum discharges through otheroutlets) as it may consider necessary.
(5) Nothing contained in sub-sections (1), (2), (3) and (4) shall absolve the owner of specified damor any other authority or person from any of the responsibilities or obligations entrusted upon it underthe provisions of this Act and the provisions of sub-sections (1), (2), (3) and (4) shall be in addition to,and not in derogation of, any other provision of this Act.
All the costs to be incurred by the Authority or State Dam SafetyOrganisation on any form of investigation done including payment given to any consultant or expert,shall be borne by the owner of the specified dam.
(1) Any construction or alteration of a specified damshall be undertaken subject to investigation, design and construction being done by such agencies asmay be accredited by the Authority or the State Government, as the case may be:
Provided that the Authority may disqualify any agency which violates any of the provisions of thisAct or the rules or regulations made thereunder.
(2) Every agency referred to in sub-section (1) shall, for the purpose of designing or evaluating thesafety of the specified dam, make use of the relevant standard codes and guidelines of the Bureau ofIndian Standards, and furnish the reasons, if any departure is made in the design or dam safetyevaluation.
(3) Every agency referred to in sub-section (1) shall for the purpose of investigation, design andconstruction employ such qualified, experienced and competent engineers, as may be specified by theregulations.
(4) Every agency referred to in sub-section (1) shall for the purpose of approval of dam designdemonstrate the safety of the design, operational parameters and policies as per the provisions ofrelevant codes and guidelines to the Central Government or the State Government, as the case may be.
(5) Every agency referred to in sub-section (1) shall, for the purpose of dam construction,undertake such quality control measures, as may be specified by the regulations.
(6) The construction of any specified dam or the alteration or enlargement of any existing specifieddam shall be undertaken with the approval of such competent authority, as may be specified bynotification by the Central Government or the State Government, as the case may be.
(1) Before initial filling of any reservoir of a specified dam, theagency responsible for its design shall draw the filling criteria and prepare an initial filling plan, withadequate time for monitoring and evaluating the performance of the dam and its appurtenantstructures.
(2) Before initial filling of the reservoir is taken up, the State Dam Safety Organisation shallinspect or cause to be inspected the specified dam either through its own engineers or by anindependent panel of experts, who shall also examine the initial filling programme and prepare adetailed report thereof duly certifying the fitness of dam for filling.
(1) Every owner of the specified dam shall provide operationand maintenance establishment for the specified dam, and shall ensure that sufficient number oftrained operation and maintenance engineers or technical persons are posted at each such dam.
(2) Every owner of the specified dam shall ensure that a well-documented operation andmaintenance manual is kept at each of the specified dams and are followed at all times.
Nothing contained in this Act shall be construedto absolve an owner of a specified dam of the duties, obligations or liabilities incidental to theconstruction, operation, maintenance and supervision of the dam or reservoir.
For each specified dam, the owner shall, within the operation andmaintenance establishment, provide a dam safety unit consisting of such competent levels of engineersas may be specified by the regulations.
(1) Every owner of a specified dam shall undertake every year, through their damsafety unit, a pre-monsoon and post-monsoon inspections in respect of each such dam.
(2) Without prejudice to sub-section (1), every owner of a specified dam shall inspect or cause tobe inspected every specified dam by the dam safety unit, during and after every flood, earthquake orany other natural or man-made calamities, or if any sign of distress or unusual behaviour is noticed inthe dam.
(3) Every owner of a specified dam shall, u2014
(a) carry out all inspections referred to in sub-section (1) and sub-section (2) in accordance withthe guidelines and check-lists as may be specified by the regulations;
(b) station, at each of the specified dam site throughout the monsoon period, such engineers andother technical personnel, as may be decided, in consultation with the State Dam SafetyOrganisation:
Provided that the engineers and other technical personnel shall be required to be stationed at theirrespective dam sites during entire period of emergency following any other natural or man-madecalamity that may create distress conditions in the dam; and
(c) forward the inspection report by the dam safety unit to the State Dam Safety Organisation,which shall analyse the report and submit comments on the deficiency and remedial measures, if any,to the owner of the specified dam.
(1) Every owner of a specified damshall have a minimum number of such instrumentations at each specified dam, and installed in suchmanner as may be specified by the regulations for monitoring the performance of such dam.
(2) Every owner of the specified dam shall maintain a record of readings of the instrumentationsreferred to in sub-section (1) and forward the analysis of such readings to the State Dam SafetyOrganisation, in the form, manner and at such interval as may be specified by the regulations.
(1) Every owner of a specified dam shallestablish a hydro-meteorological station in the vicinity of each specified dam capable of recording suchdata as may be specified by the regulations.
(2) Every owner of the specified dam shall collect compile process and store data referred to in subsection (1) at a suitable location.
(1) In the case of every specified dam, having a heightof thirty metres or above or falling under such seismic zone, as may be specified by the regulations, theowner of the specified dam shall establish a seismological station in the vicinity of each such dam forrecording micro and strong motion earthquakes and such other data as may be specified by theregulations.
(2) Every owner of a specified dam shall collect,compile,process and store data referred to in subsection (1) at such suitable location and in such manner as may be specified by the regulations.
(1) Every owner of a specified dam, in respect of eachspecified dam, shall, u2014
(a) establish well designed hydro-meteorological network and an inflow forecasting system;
(b) establish an emergency flood warning system for the probable flood affected areasdownstream of the dam;
(c) test or cause to be tested periodically the functioning of systems referred to in clauses (a)and (b);
(d) install such scientific and technical instruments which are invented or adopted from time totime for the purpose of ensuring the dam safety and the life and property of people downstream;
(e) make available the information relating to maximum anticipated inflows and outflowsincluding flood warning and an adverse impact of the same, if any, on persons and property towardsthe upstream or downstream of the dam, to the concerned district authorities and also make availablethe information in public domain; and
(f) render necessary assistance to the Authority in establishment and running of the early warningsystem for the exchange of real time hydrological and meteorological data and information related tothe operation of reservoirs.
(2) Every owner of a specified dam, for each of its dam shall, carry out risk assessment studies atsuch interval as may be specified by the regulations and the first such study shall be made within fiveyears from the date of commencement of this Act.
(1) Every owner of a specified dam, in respect of each of specifieddam, shall,
(a) prepare emergency action plan before allowing the initial filling of the reservoir and thereafterupdate such plans at regular intervals;
(b) in respect of the dam which is constructed and filled before the commencement of this Act,prepare emergency action plan within five years from the date of commencement of this Act andthereafter update such plans at regular intervals as may be specified by the regulations.
(2) The emergency action plan referred to in sub-section (1) shall,
(a) set out the procedures to be followed for the protection of persons and property upstream ordownstream of the specified dam in the event of an actual or imminent dam failure or to mitigate theeffects of the disaster;
(b) include therein,
(i) the type of emergencies which are likely to occur in the operation of any reservoir;
(ii) identification of the likely catastrophic flood in the event of any dam failure, along withprobable areas, population, structures and installations likely to be adversely affected due to floodwater released from the reservoir;
(iii) warning procedures, inundation maps and advance preparations for handling efficientlyand in the best possible manner the likely adverse situations especially to avoid loss of humanlife;
(iv) such other matters which may having regard to the geographical conditions, size of thedam and other relevant factors as may be necessary.
(3) The emergency action plan under this section shall be put into action as and when conditionsarise which are hazardous or likely to be hazardous to a specified dam or potentially hazardous to publicsafety, infrastructure, other property or to the environment.
(4) Every owner of the specified dam shall, while preparing and updating the emergency action plan,undertake a consultation process with all disaster management agencies and other Departments of theState entrusted with disaster management and relief in the area likely to be affected and owners of otherdams in the immediate vicinity likely to be affected, so as to bring coordination and transparency andallay any unwarranted fear on dam safety issues.
Without prejudice to the provisions ofthis Act or liability of the owner of the specified dam and other organisations and authorities under thisAct, every owner, organisation and authority shall render necessary assistance, if so required by anyauthority under any law for the time being in force to meet or mitigate any disaster or emergency arisingout of the specified dams.
(1) The owner of a specified dam shall make or causeto be made comprehensive dam safety evaluation of each specified dam through an independent panelof experts constituted as per regulations for the purpose of determining the conditions of the specifieddam and its reservoir:
Provided that the first comprehensive dam safety evaluation for each existing specified dam shall beconducted within five years from the date of commencement of this Act, and thereafter thecomprehensive dam safety evaluation of each such dam shall be carried out at regular intervals as maybe specified by the regulations.
(2) The comprehensive dam safety evaluation shall consists of, but not be limited to, --
(a) review and analysis of available data on the design, construction, operation, maintenance andperformance of the structure;
(b) general assessment of hydrologic and hydraulic conditions with mandatory review of designfloods as specified by the regulations;
(c) general assessment of seismic safety of specified dam with mandatory site specific seismicparameters study in certain cases as specified by the regulations;
(d) evaluation of the operation, maintenance and inspection procedures; and
(e) evaluation of any other conditions which constitute a hazard to the integrity of the structure.
The comprehensive dam safety evaluation referredto in section 38 shall be compulsory in the case of, u2014
(a) major modification to the original structure or design criteria;
(b) discovery of an unusual condition at the dam or reservoir rim; and
(c) an extreme hydrological or seismic event
(1) The owner of a specified dam shall report theresults of the dam safety evaluation undertaken under section 38 or section 39 to the State Dam SafetyOrganisation.
(2) The reports referred to in sub-section (1) shall include, but not be limited to, u2014
(a) assessment of the condition of the structure based on the visual observations and availabledata on the design, hydrology, construction, operation, maintenance and performance of thestructure;
(b) recommendations for any emergency measures or actions, if required, to assure theimmediate safety of the structure;
(c) recommendations for remedial measures and actions related to design, construction,operation, maintenance and inspection of the structure, if required;
(d) recommendations for additional detailed studies, investigations and analysis, if required; and
(e) recommendations for improvements in routine maintenance and inspection of dam, ifrequired.
(3) Where the safety evaluations undertaken under section 38 or section 39, results inrecommendations for a remedial action, the State Dam Safety Organisation shall pursue with the ownerof the specified dam to ensure that remedial measures are carried out in time, for which the owner shallprovide adequate funds.
(4) Where there is any unresolved matter emerging between an independent panel of experts referredto in sub section (1) of section 38 and the owner of the specified dam, the matter shall be referred to theState Dam Safety Organisation, and, in case no agreement is arrived at, the matter shall be referred tothe Authority which shall render its advice and send recommendations to the State Governmentconcerned for implementation.
Whoever, without reasonable cause, u2014
(a) obstructs any officer or employee of the Central Government or the State Government, or aperson authorised by the National Committee or the Authority or the State Committee or the StateDam Safety Organisation in the discharge of his functions under this Act; or
(b) refuses to comply with any direction given by or on behalf of the Central Government or theState Government or the National Committee or the Authority or the State Committee or the StateDam Safety Organisation under this Act, shall be punishable with imprisonment for a term whichmay extend to one year or with fine, or with both, and if such obstruction or refusal to comply withdirections results in loss of lives or imminent danger thereof, shall be punishable with imprisonmentfor a term which may extend to two years.
(1) Where an offence under this Act has beencommitted by a Department of the Government, the head of the Department shall be deemed to beguilty of the offence and shall be liable to be proceeded against and punished accordingly unless heproves that the offence was committed without his knowledge or that he exercised all due diligence toprevent the commission of such offence.
(2) Notwithstanding anything contained in sub-section (1), where an offence under this Act hasbeen committed by a Department of the Government and it is proved that the offence has beencommitted with the consent or connivance of, or is attributable to any neglect on the part of, anyofficer, other than the head of the Department, such officer shall be deemed to be guilty of that offenceand shall be liable to be proceeded against and punished accordingly.
(1) Where an offence under this Act has been committed by acompany or body corporate, every person who at the time the offence was committed, was in chargeof, and was responsible to, the company, for the conduct of the business of the company, as well as thecompany, shall be deemed to be guilty of the contravention and shall be liable to be proceeded againstand punished accordingly:
Provided that nothing in this sub-section shall render any such person liable to any punishmentprovided in this Act, if he proves that the offence was committed without his knowledge or that heexercised due diligence to prevent the commission of such offence.
(2) Notwithstanding anything contained in sub-section (1), where an offence under this Act hasbeen committed by a company, and it is proved that the offence was committed with the consent orconnivance of, or is attributable to any neglect on the part of any director, manager, secretary or otherofficer of the company, such director, manager, secretary or other officer shall also, be deemed to beguilty of that offence and shall be liable to be proceeded against and punished accordingly.
Explanation.- For the purpose of this section-
(a) company means any body corporate and includes a firm or other association ofindividuals; and
(b) director, in relation to a firm, means a partner in the firm.
(1) No court shall take cognizance of any offence punishable underthis Act, except on a complaint made by the Central Government or the State Government or a personauthorised in this behalf by the National Committee or the Authority or the State Committee or theState Dam Safety Organisation, as the case may be.
(2) No court inferior to that of a Metropolitan Magistrate or a Judicial Magistrate of the first classshall try any offence punishable under this Act.
(1) Every State Dam Safety Organisationshall prepare annual report, within three months of the expiry of the preceding financial year, of itsactivities and safety status of specified dams in the State and such report shall be forwarded to theAuthority and State Government and that Government shall cause the same to be laid before eachHouse of the State Legislature, where it consists of two Houses or where such Legislature consists ofone House, before that House.
(2) Every State Dam Safety Organisation and every owner of a specified dam shall provide to theAuthority, documentation of the projects, report of enquiries into failure and any other data, as andwhen required in such format and in such manner as may be decided by the Authority.
(3) The Authority, shall prepare a consolidated annual report of the dam safety activities in thecountry and submit the same to the Central Government within six months of the expiry of thepreceding financial year and that Government shall cause the same to be laid before each House ofParliament.
(4) The Authority shall forward its annual report on the safety status of specified dams to theNational Disaster Management Authority and also make available such report in public domain.
(5) The State Dam Safety Organisation of each State shall forward their annual report to theconcerned State Disaster Management Authority and also make available such report in publicdomain
Every owner of the damother than specified dams shall undertake such measures as may be necessary to ensure dam safety andshall comply with such measures as may be specified by the regulations.
Where a dam,including a dam created due to landslides or glacial moraine, is located outside the territory of Indiaand the Authority suo motu or on receipt of information from any person or organisation or authorityor source prima facie is of the opinion that measures are required to be taken to ensure safety of suchdams and failure of which may endanger the life and property of people located in India, it shall inwriting submit an intimation thereof to the Central Government indicating therein the likely damageswhich may arise due to failure of such dams and the safety measures required to be taken in respect ofsuch dam and the Central Government shall take all suitable measures to mitigate any possible threat.
The provisions of this Act shall have effect notwithstandinganything inconsistent therewith contained in any other law for the time being in force.
(1) If the Central Government is satisfied that it is necessary orexpedient so to do, it may, by notification, amend the First Schedule, the Second Schedule or the ThirdSchedule and thereupon the Schedules, shall be deemed to have been amended accordingly.
(2) A copy of every notification made under sub-section (1) shall be laid before each House ofParliament as soon as may be after it is made.
The Central Government may give suchdirections, as it may consider necessary, to the State Government where that Government is the ownerof the specified dam and to the owner of a specified dam in any other case for the effectiveimplementation of the provisions of this Act.
No act or proceedings of the NationalCommittee, the Authority and the State Committee shall be invalid merely by reason ofu2014
(a) any vacancy in, or any defect in the constitution of, the Authority; or
(b) any defect in the appointment of a person acting as a member of the Authority; or
(c) any irregularity in the procedure of the Authority not affecting the merits of the case.
(1) The Central Government may, bynotification, make rules to carry out the provisions of this Act.
(2) In particular, and without prejudice to the foregoing power, such rules may provide for all orany of the following matters, namely: u2014
(a) the time and place of the meetings of the National Committee and the procedure to befollowed at such meetings under sub-section (1) of section 7 and the expenditure incurred on themeetings of the National Committee under sub-section (3) of section 7;
(b) the qualifications and experience of the officers and other employee of the Authority in thefield of dam safety or such other field under sub-section (1) of section 10;
(c) the functions, powers, and terms and conditions of service of other officers and otheremployees of the Authority under sub-section (2) of section 10;
(d) any other matter which is to be, or may be, prescribed or in respect of which provision is tobe made by the Central Government by rules.
(1) The State Government may, by notification,make rules to carry out the provisions of this Act.
(2) In particular, and without prejudice to the foregoing power, such rules may provide for all orany of the following matters, namely: u2014
(a) the times and places of the meetings of the State Committee and the procedure to befollowed at such meetings under sub-section (1) of section 13;
(b) the expenditure incurred on the meetings of the State Committee under sub-section (3) ofsection 13;
(c) the fee and allowances paid to the specialist members or expert invitees of the StateCommittee or its sub-committees under sub-section (4) of section 13;
(d) the organisational structure and work procedure of State Dam Safety Organisation undersub-section (3) of section 14;
(e) the qualifications and experience of the officers and other employees of the State DamSafety Organisation in the field of dam safety or such other field under sub-section (1) of section15;
(f) the functions, powers, and terms and conditions of service of the employees of the State DamSafety Organisation under sub-section (2) of section 15;
(g) the dam safety measures in respect of dams other than specified dams under section 46;
(h) any other matter which is to be, or may be, prescribed or in respect of which provision is tobe made by the State Government by rules.
(3) Every rule made by a State Government under this Act shall be laid, as soon as may be after itis made, before the State Legislature, where it consists of two Houses, or where such legislatureconsists of one House, before that House.
(1) The Authority on the recommendations of theNational Committee may make regulations consistent with this Act and the rules made thereunder tocarry out the provisions of this Act.
(2) In particular, and without prejudice to the generality of the foregoing power, such regulationsmay provide for all or any of the following matters, namely: u2014
(a) the guidelines, standards and other directions for achieving the satisfactory level of damsafety assurance under sub-section (1) of section 16;
(b) the vulnerability and hazard classification criteria of specified dams under section 17;
(c) the details and form pertaining to the maintenance of log books or database under subsection (1) of section 18;
(d) the qualifications, experience and training of the individuals responsible for safety ofspecified dams under section 23;
(e) the employment of competent engineers and their qualifications and experience for thepurpose of investigation, design and construction of specified dams under sub-section (3) ofsection 26;
(f) the quality control measures for the purpose of dam construction under sub-section (5) ofsection 26;
(g) the level of competent engineers for the dam safety units under section 30;
(h) the guidelines and check-lists for inspection of specified dams under clause (a) of subsection (3) of section 31;
(i) the minimum number of set of instrumentations in the specified dams and the manner of theirinstallation under sub-section (1) of section 32;
(j) the form, manner and time interval for forwarding the analysis of readings to the State DamSafety Organisation under sub-section (2) of section 32;
(k) the data requirements of hydro-meteorological stations in the vicinity of specified damsunder sub-section (1) of section 33;
(l) the data requirements of seismological stations in the vicinity of specified dams under subsection (1) of section 34;
(m) the suitable location and manner of collection, compliance, process and storage of dataunder sub-section (2) of section 34;
(n) the time interval of risk assessment studies to be carried out under sub-section (2) of section35;
(o) time interval for updating the emergency action plan under clause (b) of sub-section (1) ofsection 36;
(p) the time interval for the comprehensive safety evaluation of specified dams under subsection (1) of section 38;
(q) the mandatory review of design flood of existing specified dams under clause (b) of subsection (2) of section 38;
(r) the mandatory site specific seismic parameter studies of existing specified dams under clause(c) of sub-section (2) of section 38;
(s) the measures necessary to ensure dam safety by every owner of dam other than specifieddams under section 46;
(t) any other matter which is to be specified or in respect of which provision is to be made bythe Authority.
Every rule and every regulation madeby the Central Government under this Act shall be laid, as soon as may be after it is made, before eachHouse of Parliament, while it is in session, for a total period of thirty days which may be comprised inone session or in two or more successive sessions, and if, before the expiry of the session immediatelyfollowing the session or the successive sessions aforesaid, both Houses agree in making anymodification in the rule or regulation or both Houses agree that the rule or regulation should not bemade, the rule or regulation shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice tothe validity of anything previously done under that rule or regulation.
(1) If any difficulty arises in giving effect to the provisions ofthis Act, the Central Government may, by order, published in the Official Gazette, make suchprovisions not inconsistent with the provisions of this Act, as may appear it to be necessary orexpedient for removing the difficulty:
Provided that no order shall be made under this section after the expiry of three years from the dateof commencement of this Act.
(2) Every order made under this section shall, as soon as may be after it is made, be laid beforeeach House of Parliament.