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DAM SAFETY ACT, 2021
[Act No. 41 of 2021]
[13th December, 2021]
PREAMBLE
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 date1 as the Central Government may, by notification in the Official Gazette, appoint.
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1. W.e.f. 30.12.2021, vide Notification No. SO5422(E), dated 30.12.2021.
It is hereby declared that it is expedient in the public interest that the Union should take under its control the regulation of uniform dam safety procedure for specified dam to the extent hereinafter provided.
Save as provided under this Act, it applies to the owner of every specified dam,--
(a) being a public sector undertaking or institution or a body owned or controlled by the Central Government 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 or controlled 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 dam or reservoir;
(b) "annual report" means a report giving the activities of the Authority and the State Dam Safety Organisation and the safety status of the specified dams falling under their jurisdiction during 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
(1) With effect from such date as the Central Government may, by notification, appoint, there shall be constituted, for the purposes of this Act, a National Committee to be known as the National Committee on Dam Safety consisting of the following members, namely:--
(a) the Chairman, Central Water Commission--Chairperson, ex officio;
(b) not exceeding ten representatives of the Central Government not below the rank of Joint Secretary to that Government or equivalent dealing with matters relating to dam engineering or dam safety, nominated by the Central Government--Members, ex officio;
(c) not exceeding seven representatives of the State Governments of the level of Engineer-in-Chief or equivalent by rotation, nominated by the Central Government--Members, ex officio; and
(d) not exceeding three specialists in the field of dam safety and allied fields no
(1) The National Committee shall discharge such functions as specified in the First Schedule as may be necessary to prevent dam failure related disasters and to maintain standards of dam safety.
(2) The National Committee may, in discharge of its functions, constitute such sub-committees as it may consider necessary to assist it and the secretarial assistance to the National Committee and the sub-committees shall be provided by the Authority.
(3) The knowledge and information collected or generated by the National Committee shall be disseminated to all stakeholders by the Authority.
(1) The National Committee shall meet at such times and places and shall observe such rules of procedure in regard to the transaction of business at its meetings in 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 held before the onset of the monsoon season.
(2) The National Committee may invite the representative of the owner of any specified dam and such other experts in dam safety (including international experts) as it may consider appropriate for the discharge of its functions.
(3) The expenditure incurred on the National Committee shall be in such manner as may be prescribed by the Central Government.
(1) With effect from such date as the Central Government may by notification, appoint, there shall be established for the purposes of this Act, a National Dam Safety Authority, within a period of sixty days from the date of commencement of this Act.
(2) The Authority shall be headed by an officer not below the rank of Additional Secretary to the Government of India or equivalent to be appointed by the Central Government who have knowledge of, and adequate qualification, experience and capacity in, dealing with problems relating to the dam engineering and dam safety management.
(3) The headquarters of the Authority shall be at the National Capital territory of Delhi and the Authority 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 the Central Government.
(1) The Authority shall discharge such functions as specified in the Second Schedule as may be necessary to implement the policy, guidelines and standards evolved by the National Committee for proper surveillance, inspection and maintenance of specified dams and for such purposes, it shall have the power to enforce the attendance of any person and call for any information as may be necessary.
(2) Without prejudice to the provisions contained in sub-section (1), the Authority shall make all endeavours to resolve any issue between the State Dam Safety Organisations of States or between a State 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 and binding upon all the parties to the issue.
(1) The Central Government shall, for the purpose of enabling the Authority to perform functions under this Act, provide such number of officers and other employees as it may consider necessary:
Provided that the officers and other employees shall have such qualifications and experience in the field of dam safety including dam-design, hydro-mechanical engineering, hydrology, geo-technical investigation, instrumentation, dam-rehabilitation or such other fields as may be prescribed by the Central Government.
(2) The functions, powers, terms and conditions of service of the officers and other employees appointed under sub-section (1) shall be such as may be prescribed by the Central Government.
(1) With effect from such date as the State 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 for Dam 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 other organisations owing specified dams--Members;
(c) the Chief Engineer or equivalent level officer of each such upstream States in cases where reservoir 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 where fl
(1) The State Committee shall discharge such functions as specified in the Third Schedule as may be necessary to prevent dam failure related disasters under this Act 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 as it may consider necessary, and the secretarial assistance to the State Committee as well as its sub-committees shall be provided by the concerned State Dam Safety Organisation.
(1) The State Committee shall meet at such times and places and shall observe such rules of procedure in regard to the transaction of business at its meetings as may be prescribed by the State Government:
Provided that the State Committee shall meet twice in a year and one meeting shall be held before the onset of the monsoon season.
(2) The State Committee may invite the representative of the owner of any specified dam and such other 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 may be prescribed by the State Government.
(4) The specialist members and other expert invitees who attend the meetings of the State Committee or its sub-committees shall be paid such fees and allowances as may be prescribed by the State Go
(1) The State Government shall, for the purposes of this Act, by notification, establish in the Department dealing with dam safety, a separate organisation, to be known as the State Dam Safety Organisation, within a period of hundred and eighty days from the date of commencement of this Act:
Provided that in States having more than thirty specified dams, the State Dam Safety Organisation shall be headed by an officer not below the rank of Chief Engineer or equivalent, and in all other cases, the State Dam Safety Organisation shall be headed by an officer not below the rank of Superintendent Engineer or equivalent.
(2) The State Dam Safety Organisation shall be responsible to, and report to, the technical head of the Department dealing with Dam Safety.
(3) The organisational structure and work procedures of the State Dam Safety Organisation shall be such as may be prescribed by
(1) The State Government shall, having regard to the number of specified dams in that State, provide such number of officers and employees to the State Dam Safety Organisation as it may consider necessary for the efficient functioning of the said Organisation:
Provided that the officers and employees shall have such qualifications and experience in the field of dam safety including dam-design, hydro-mechanical engineering, hydrology, geo-technical investigation, instrumentation, dam-rehabilitation or such other field as may be prescribed by the State Government.
(2) The functions and powers of the officers and employees appointed under sub-section (1) shall be such as may be prescribed by the State Government.
(1) Every State Dam Safety Organisation shall,--
(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 dams and take such measures as may be necessary to address safety concerns that are noticed with a view to achieve satisfactory level of dam safety assurance as per such guidelines, standards and other directions 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 compatible with public safety, shall make or cause to be made such investigations and shall gather or cause to be gathered such data as may be required for proper review and study of the various features of the design, construction, repair and enlargem
The State Dam Safety Organisation shall classify each dam under their jurisdiction as per such vulnerability and hazard classification criteria as may be specified by the regulations.
(1) Every State Dam Safety Organisation shall maintain a log book or database for each specified dam under their jurisdiction recording therein all activities related to the surveillance and inspection and all important events related to dam safety and with such details and 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 and when required by them.
(1) Every State Dam Safety Organisation shall report the event of any dam failure under their jurisdiction to the Authority, and furnish any information as and when required by them.
(2) Every State Dam Safety Organisation shall maintain the records of major dam incidents of each specified dams under their jurisdiction, and furnish all such information to the Authority as and when required by them.
(1) Every State Dam Safety Organisation shall render its instructions to the owner of a specified dam on the safety or the remedial measures required to be taken with respect to it.
(2) Every owner of the specified dam shall comply with the instructions issued by the State Dam Safety Organisation with regard to safety or remedial measures in relation to any specified dam owned by it.
Every owner of the specified dam shall earmark sufficient and specific funds for maintenance and repairs of the specified dam and to implement the recommendations of the State Dam Safety Organisation.
(1) Every owner of the specified dam shall compile all technical documentations concerning hydrology, dam foundation, structural engineering of dam, watershed upstream of dam, and nature or use of land downstream of dam along with information on all resources or facilities of economic, logistic or environmental importance which are likely to be affected due to dam failure.
(2) Every owner of the specified dam shall furnish all such information to the State Dam Safety Organisation 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-art information technology tools to store, retrieve, and distribute the data related to the dam safety and dam performance.
Every individual responsible for safety of specified dams and all activities related thereto shall possess such qualifications and experience and shall undergo such training as may be specified by the regulations.
(1) Without prejudice to the provisions of this Act, all specified dams, shall fall under the jurisdiction of the State Dam Safety Organisation of the State in which such dam is situated in matters relating to dam inspections, analysis of information, investigation reports or recommendations regarding safety status, and remedial measures to be undertaken to improve dam safety; and in all such matters, full co-operation shall be extended by the owner of the specified dam:
Provided that where a specified dam is owned by a Central Public Sector Undertaking or where a specified dam is extended over two or more States, or where the specified dam in one State is owned by another State, then the Authority shall be construed as the State Dam Safety Organisation for the purposes of this Act:
Provided further that in all such dams where the Authority takes up the role of State Dam Safety Organisation, the Governme
All the costs to be incurred by the Authority or State Dam Safety Organisation 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 dam shall be undertaken subject to investigation, design and construction being done by such agencies as may 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 this Act or the rules or regulations made thereunder.
(2) Every agency referred to in sub-section (1) shall, for the purpose of designing or evaluating the safety of the specified dam, make use of the relevant standard codes and guidelines of the Bureau of Indian Standards, and furnish the reasons, if any departure is made in the design or dam safety evaluation.
(3) Every agency referred to in sub-section (1) shall for the purpose of investigation, design and construction employ such qualified, experienced and competent engineers, as may be specified by t
(1) Before initial filling of any reservoir of a specified dam, the agency responsible for its design shall draw the filling criteria and prepare an initial filling plan, with adequate time for monitoring and evaluating the performance of the dam and its appurtenant structures.
(2) Before initial filling of the reservoir is taken up, the State Dam Safety Organisation shall inspect or cause to be inspected the specified dam either through its own engineers or by an independent panel of experts, who shall also examine the initial filling programme and prepare a detailed report thereof duly certifying the fitness of dam for filling.
(1) Every owner of the specified dam shall provide operation and maintenance establishment for the specified dam, and shall ensure that sufficient number of trained 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 and maintenance manual is kept at each of the specified dams and are followed at all times.
Nothing contained in this Act shall be construed to absolve an owner of a specified dam of the duties, obligations or liabilities incidental to the construction, operation, maintenance and supervision of the dam or reservoir.
For each specified dam, the owner shall, within the operation and maintenance establishment, provide a dam safety unit consisting of such competent levels of engineers as may be specified by the regulations.
(1) Every owner of a specified dam shall undertake every year, through their dam safety 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 to be inspected every specified dam by the dam safety unit, during and after every flood, earthquake or any other natural or man-made calamities, or if any sign of distress or unusual behaviour is noticed in the dam.
(3) Every owner of a specified dam shall,--
(a) carry out all inspections referred to in sub-section (1) and sub-section (2) in accordance with the 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 and other technical personnel, as may be decided, in consultation with the S
(1) Every owner of a specified dam shall have a minimum number of such instrumentations at each specified dam, and installed in such manner 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 instrumentations referred to in sub-section (1) and forward the analysis of such readings to the State Dam Safety Organisation, in the form, manner and at such interval as may be specified by the regulations.
(1) Every owner of a specified dam shall establish a hydro-meteorological station in the vicinity of each specified dam capable of recording such data as may be specified by the regulations.
(2) Every owner of the specified dam shall collect, compile, process and store data referred to in sub-section (1) at a suitable location.
(1) In the case of every specified dam, having a height of thirty metres or above or falling under such seismic zone, as may be specified by the regulations, the owner of the specified dam shall establish a seismological station in the vicinity of each such dam for recording micro and strong motion earthquakes and such other data as may be specified by the regulations.
(2) Every owner of a specified dam shall collect, compile, process and store data referred to in sub-section (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 each specified dam, shall,--
(a) establish well designed hydro-meteorological network and an inflow forecasting system;
(b) establish an emergency flood warning system for the probable flood affected areas downstream 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 to time 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 outflows including flood warning and an adverse impact of the same, if any, on persons and property towards the upstream or downstream of the dam, to the concerned district autho
(1) Every owner of a specified dam, in respect of each of specified dam, shall,--
(a) prepare emergency action plan before allowing the initial filling of the reservoir and thereafter update 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 and thereafter 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 or downstream of the specified dam in the event of an actual or imminent dam failure or to mitigate the effects of the disaster;
(b) include therein,--
Without prejudice to the provisions of this Act or liability of the owner of the specified dam and other organisations and authorities under this Act, every owner, organisation and authority shall render necessary assistance, if so required by any authority under any law for the time being in force to meet or mitigate any disaster or emergency arising out of the specified dams.
(1) The owner of a specified dam shall make or cause to be made comprehensive dam safety evaluation of each specified dam through an independent panel of experts constituted as per regulations for the purpose of determining the conditions of the specified dam and its reservoir:
Provided that the first comprehensive dam safety evaluation for each existing specified dam shall be conducted within five years from the date of commencement of this Act, and thereafter the comprehensive dam safety evaluation of each such dam shall be carried out at regular intervals as may be 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 and performance of the structure;
(b) general assessment of hydrologic and h
The comprehensive dam safety evaluation referred to in section 38 shall be compulsory in the case of,--
(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 the results of the dam safety evaluation undertaken under section 38 or section 39 to the State Dam Safety Organisation.
(2) The reports referred to in sub-section (1) shall include, but not be limited to,--
(a) assessment of the condition of the structure based on the visual observations and available data on the design, hydrology, construction, operation, maintenance and performance of the structure;
(b) recommendations for any emergency measures or actions, if required, to assure the immediate 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
Whoever, without reasonable cause,--
(a) obstructs any officer or employee of the Central Government or the State Government, or a person authorised by the National Committee or the Authority or the State Committee or the State Dam 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 the State Government or the National Committee or the Authority or the State Committee or the State Dam Safety Organisation under this Act, shall be punishable with imprisonment for a term which may extend to one year or with fine, or with both, and if such obstruction or refusal to comply with directions results in loss of lives or imminent danger thereof, shall be punishable with imprisonment for a term which may extend to two years.
(1) Where an offence under this Act has been committed by a Department of the Government, the head of the Department shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly unless he proves that the offence was committed without his knowledge or that he exercised all due diligence to prevent the commission of such offence.
(2) Notwithstanding anything contained in sub-section (1), where an offence under this Act has been committed by a Department of the Government and it is proved that the offence has been committed with the consent or connivance of, or is attributable to any neglect on the part of, any officer, other than the head of the Department, such officer shall be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly.
(1) Where an offence under this Act has been committed by a company or body corporate, every person who at the time the offence was committed, was in charge of, and was responsible to, the company, for the conduct of the business of the company, as well as the company, shall be deemed to be guilty of the contravention and shall be liable to be proceeded against and punished accordingly:
Provided that nothing in this sub-section shall render any such person liable to any punishment provided in this Act, if he proves that the offence was committed without his knowledge or that he exercised due diligence to prevent the commission of such offence.
(2) Notwithstanding anything contained in sub-section (1), where an offence under this Act has been committed by a company, and it is proved that the offence was committed with the consent or connivance of, or is attributable to any neglect on the part of any direc
(1) No court shall take cognizance of any offence punishable under this Act, except on a complaint made by the Central Government or the State Government or a person authorised in this behalf by the National Committee or the Authority or the State Committee or the State 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 class shall try any offence punishable under this Act.
(1) Every State Dam Safety Organisation shall prepare annual report, within three months of the expiry of the preceding financial year, of its activities and safety status of specified dams in the State and such report shall be forwarded to the Authority and State Government and that Government shall cause the same to be laid before each House of the State Legislature, where it consists of two Houses or where such Legislature consists of one House, before that House.
(2) Every State Dam Safety Organisation and every owner of a specified dam shall provide to the Authority, documentation of the projects, report of enquiries into failure and any other data, as and when 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 the country and submit the same to the Central Government within six
Every owner of the dam other than specified dams shall undertake such measures as may be necessary to ensure dam safety and shall 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 India and the Authority suo motu or on receipt of information from any person or organisation or authority or source prima facie is of the opinion that measures are required to be taken to ensure safety of such dams and failure of which may endanger the life and property of people located in India, it shall in writing submit an intimation thereof to the Central Government indicating therein the likely damages which may arise due to failure of such dams and the safety measures required to be taken in respect of such dam and the Central Government shall take all suitable measures to mitigate any possible threat.
Section 47 of the Dam Safety Act, 2021 (Act No. 41 of 2021) is a significant transitional and territorial provision that extends the Act's safety regulatory framework to dams situated outside the territory of India. The provision recognizes that dam failures, including those caused by landslides or glacial moraine, can endanger the life and property of people located in India even if the dam itself is situated abroad. This section effectively expands the Act's jurisdictional reach beyond Indian borders to address transboundary dam safety risks, reflecting a progressive approach to disaster prevention and international water safety governance.
Section 47 of the Dam Safety Act, 2021 deals with "Safety measures in respect of dams located outside territory of India." The provision mandates that safety measures shall apply to any dam, including a dam created due to landslides or glacial moraine, that is located outside the territory of India but whose failure may endanger the life and property of people located in India. The section empowers the Central Government to take necessary measures and issue directions to ensure safety of such dams and to prevent dam failure-related disasters affecting Indian territory.
The essential ingredients of Section 47 include:1. Location of Dam: The dam must be located outside the territory of India2. Type of Dam: Includes dams created due to landslides or glacial moraine3. Risk Threshold: The failure of the dam must potentially endanger life and property of people in India4. Safety Measures: The Central Government must take appropriate safety measures5. Preventive Intent: The provision aims at prevention of dam failure-related disasters
The scope of Section 47 extends to:- Transboundary dams located in neighboring countries that pose risks to Indian territory- Dams created by natural disasters like landslides or glacial moraine outside India- Situations where dam failure consequences would cross territorial boundaries- Emergency preparedness and response coordination with foreign jurisdictions- International cooperation mechanisms for dam safety surveillance
Based on the available sources, specific punishment provisions directly linked to Section 47 are not explicitly detailed. However, the Act generally provides for imprisonment up to one year or fine or both for obstructing persons in discharge of functions under the Act or refusing to comply with directions.
"Transboundary Jurisdiction" - Section 47 extends the Dam Safety Act's regulatory reach beyond Indian territory to address dams located abroad that may endanger Indian life and property - [Source: - Section 47 in The Dam Safety Act, 2021]
"Natural Disaster Inclusion" - The provision specifically includes dams created due to landslides or glacial moraine, acknowledging natural disaster scenarios in transboundary dam safety - [Source: - Section 47 in The Dam Safety Act, 2021]
"Central Government Authority" - The Central Government is empowered to make rules and take necessary measures for carrying out the provisions of the Act regarding dams outside Indian territory - [Source: - Section 47 in The Dam Safety Act, 2021]
"Failure Prevention" - The section aims at prevention of dam failure-related disasters through surveillance, inspection, operation and maintenance of specified dams, including those outside Indian territory - [Source: - The Dam Safety Act, 2021 | NFS]
"International Water Safety" - Section 47 reflects India's commitment to international dam safety governance by addressing risks that transcend national borders - [Source: - Section 47 in The Dam Safety Act, 2021]
"Glacial Moraine Recognition" - The explicit mention of glacial moraine dams indicates the Act's relevance to Himalayan regions and climate change-related glacial lake outburst floods (GLOF) - [Source: - Dam Safety Act: GLOF | To The Point Drishti IAS]
"Obstruction Penalty" - Anyone obstructing a person in discharge of functions under the Act or refusing to comply with directions may face imprisonment for one year under the Act's general penal provisions - [Source: - Dam Safety Act 2021]
"Comprehensive Framework" - The Act provides a comprehensive framework for proper surveillance, inspection, operations and maintenance of all large specified dams, extending to those outside territory through Section 47 - [Source: - Uniform Procedures For Dam Safety]
"Disaster Prevention" - The Act aims to provide for surveillance, inspection, operation and maintenance of specified dams for prevention of dam failure-related disasters, with Section 47 ensuring this applies to transboundary situations - [Source: - The Dam Safety Act, 2021 | NFS]
"Institutional Mechanisms" - The Act envisages constituting State Dam Safety Organisations (SDSOs) for perpetual surveillance and inspection, with Section 47 extending similar mechanisms to international dam scenarios - [Source: - Ensuring safe functioning of dams through Dam Safety Act]
"Safety Measures Mandate" - Section 47 mandates safety measures in respect of dams located outside territory of India, ensuring failure of which may endanger life and property of people in India - [Source: - Safety measures in respect of dams located | IndiaCode]
"Legislative Intent" - The provision demonstrates legislative intent to address dam safety as a national security concern that extends beyond geographical boundaries - [Source: - A CRITICAL APPRAISAL OF THE DAM SAFETY ACT, 2021]
"Punishment for Non-compliance" - The Act generally provides imprisonment up to one year or fine or both for non-compliance with directions under the Act, applicable to Section 47 scenarios - [Source: - THE DAM SAFETY ACT, 2021 NO. 41 OF]
"Surveillance and Inspection" - The Act aims at ensuring surveillance, inspection, operation and maintenance of specified dams for prevention of dam failure-related disasters, including those covered by Section 47 - [Source: - The Dam Safety Act, 2021 | NFS]
"Overriding Effect" - Section 48 of the Act provides for overriding effect, ensuring that Section 47's provisions regarding dams outside Indian territory take precedence over conflicting laws - [Source: - THE DAM SAFETY ACT, 2021]
"Landslide Dam Recognition" - The explicit inclusion of dams created due to landslides demonstrates the Act's comprehensive approach to various dam failure scenarios in international contexts - [Source: - the dam safety act, 2021 Section - 47]
"Regulatory Expansion" - Section 47 represents regulatory expansion beyond domestic boundaries, aligning with international best practices in transboundary water infrastructure safety - [Source: - A Critical Appraisal of The Dam Safety Act, 2021]
"Life and Property Protection" - The primary objective of Section 47 is protection of life and property of people in India from dam failure consequences originating outside Indian territory - [Source: - Section 47 in The Dam Safety Act, 2021]
The provisions of this Act shall have effect notwithstanding anything inconsistent therewith contained in any other law for the time being in force.
(1) If the Central Government is satisfied that it is necessary or expedient so to do, it may, by notification, amend the First Schedule, the Second Schedule or the Third Schedule 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 of Parliament as soon as may be after it is made.
The Central Government may give such directions, as it may consider necessary, to the State Government where that Government is the owner of the specified dam and to the owner of a specified dam in any other case for the effective implementation of the provisions of this Act.
No act or proceedings of the National Committee, the Authority and the State Committee shall be invalid merely by reason of--
(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, 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 or any of the following matters, namely:--
(a) the time and place of the meetings of the National Committee and the procedure to be followed at such meetings under sub-section (1) of section 7 and the expenditure incurred on the meetings 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 the field 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 other employees of the Authority under sub-section (2) of section 10;
(d) any ot
(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 or any of the following matters, namely:--
(a) the times and places of the meetings of the State Committee and the procedure to be followed 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) of section 13;
(c) the fee and allowances paid to the specialist members or expert invitees of the State Committee or its sub-committees under sub-section (4) of section 13;
(d) the organisational structure and work procedure of State Dam Safety Organisation under sub-section (3) of section 14;
(e) the qualifications and experie
(1) The Authority on the recommendations of the National Committee may make regulations consistent with this Act and the rules made thereunder to carry out the provisions of this Act.
(2) In particular, and without prejudice to the generality of the foregoing power, such regulations may provide for all or any of the following matters, namely:--
(a) the guidelines, standards and other directions for achieving the satisfactory level of dam safety 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 sub-section (1) of section 18;
(d) the qualifications, experience and training of the individuals responsible for safety of specified dams under section 23;
<Every rule and every regulation made by the Central Government under this Act shall be laid, as soon as may be after it is made, before each House of Parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the rule or regulation or both Houses agree that the rule or regulation should not be made, 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 to the validity of anything previously done under that rule or regulation.
(1) If any difficulty arises in giving effect to the provisions of this Act, the Central Government may, by order, published in the Official Gazette, make such provisions not inconsistent with the provisions of this Act, as may appear it to be necessary or expedient for removing the difficulty:
Provided that no order shall be made under this section after the expiry of three years from the date of commencement of this Act.
(2) Every order made under this section shall, as soon as may be after it is made, be laid before each House of Parliament.
[See section 6(1)]
FUNCTIONS OF NATIONAL COMMITTEE ON DAM SAFETY
1. For the purposes of maintaining standards of dam safety and prevention of dam failure related disasters, evolve dam safety policies and recommend necessary regulations as may be required;
2. act as a forum for exchange of views on techniques to be adopted for remedial measures to relieve distress conditions in specified dams and appurtenant structures;
3. analyse the causes of major dam incidents and dam failures and suggest changes in the planning, specifications, construction, operation and maintenance practices in order to avoid recurrence of such incidents and failures;
4. evolve comprehensive dam safety management approach as an integration of dam safety evaluation, risk assessment and risk management for the desired level of safety assurance; and also
[See section 9(1)]
FUNCTIONS OF NATIONAL DAM SAFETY AUTHORITY
1. For the purpose of maintaining standards of dam safety and prevention of dam failure related disasters, discharge such functions as related to implementation of the policies made by the National Committee including making regulations on the recommendations of the National Committee;
2. resolve any issue between the State Dam Safety Organisations of States or between a State Dam Safety Organisation and any owner of a specified dam in that State;
3. provide the state-of-the-art technical and managerial assistance to the State Dam Safety Organisations;
4. maintain a national level database of all specified dams in the country, including serious distress conditions, if any, noticed therein;
5. maintain liaison with the State Dam Safety Or
[See section 12(1)]
FUNCTIONS OF STATE COMMITTEE ON DAM SAFETY
1. For the purpose of maintaining standards of dam safety and prevention of dam failure related disasters, discharge such functions as may be necessary as per the guidelines, standards and other directions issued by the Authority;
2. review the work done by the State Dam Safety Organisation;
3. establish priorities for investigations in case of specified dams under distress condition;
4. in cases where investigations with respect to safety of any specified dam in the State had already been undertaken, to order further investigations in relation to safety of such specified dam and assign responsibilities for execution including the use of non-departmental resources, and association of independent experts where necessary;
5. recommend the
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