The Dam Safety Act, 2021
Administered Ministry: Ministry of Jal Shaktri / Department of Water Resources, River Development and Ganga Rejuvenation
Section
Section 21 Funds for maintenance and repairs.
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.
Section 22 Technical documentation.
(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.
(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.
Section 23 Qualifications and experience of individuals responsible for safety of specified dams.
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.
Section 24 Jurisdiction of State Dam Safety Organisation and Authority.
(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 Governments of the States within the jurisdiction of which such dams are located shall 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 for the purposes of making any inspection or investigation necessary for the implementation of the provisions of this Act, may enter upon any part of the specified dam or its site as and when required and apply such investigation methods, as may be considered necessary.
(3) After making inspection or investigation under sub-section (2), the representative referred to in that sub-section is of the opinion that certain remedial measures are required to be taken, he shall report such remedial measures to the officer-in-charge of such specified dam and to the concerned State Dam Safety Organisation.
(4) The Authority and concerned State Dam Safety Organisation, in cases of specified dams being found to be distressed on account of their age, degeneration, degradation, structural or other impediments, shall suggest such remedial measures on such operational parameters (including maximum reservoir level, maximum spillway discharge and maximum discharges through other outlets) as it may consider necessary.
(5) Nothing contained in sub-sections (1), (2), (3) and (4) shall absolve the owner of specified dam or any other authority or person from any of the responsibilities or obligations entrusted upon it under the 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.
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 Governments of the States within the jurisdiction of which such dams are located shall 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 for the purposes of making any inspection or investigation necessary for the implementation of the provisions of this Act, may enter upon any part of the specified dam or its site as and when required and apply such investigation methods, as may be considered necessary.
(3) After making inspection or investigation under sub-section (2), the representative referred to in that sub-section is of the opinion that certain remedial measures are required to be taken, he shall report such remedial measures to the officer-in-charge of such specified dam and to the concerned State Dam Safety Organisation.
(4) The Authority and concerned State Dam Safety Organisation, in cases of specified dams being found to be distressed on account of their age, degeneration, degradation, structural or other impediments, shall suggest such remedial measures on such operational parameters (including maximum reservoir level, maximum spillway discharge and maximum discharges through other outlets) as it may consider necessary.
(5) Nothing contained in sub-sections (1), (2), (3) and (4) shall absolve the owner of specified dam or any other authority or person from any of the responsibilities or obligations entrusted upon it under the 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.
Section 25 Cost of investigation.
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.
Section 26 Construction or alteration of dams.
(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 the regulations.
(4) Every agency referred to in sub-section (1) shall for the purpose of approval of dam design demonstrate the safety of the design, operational parameters and policies as per the provisions of relevant 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 specified dam shall be undertaken with the approval of such competent authority, as may be specified by notification by the Central Government 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 the regulations.
(4) Every agency referred to in sub-section (1) shall for the purpose of approval of dam design demonstrate the safety of the design, operational parameters and policies as per the provisions of relevant 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 specified dam shall be undertaken with the approval of such competent authority, as may be specified by notification by the Central Government or the State Government, as the case may be.
Section 27 Initial filling of reservoirs.
(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.
(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.
Section 28 Operation and maintenance.
(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.
(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.
Section 29 Responsibility of owner of specified dam.
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.
Section 30 Dam safety unit.
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.
Section 31 Inspection.
(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 State Dam Safety Organisation:
Provided that the engineers and other technical personnel shall be required to be stationed at their respective dam sites during entire period of emergency following any other natural or man-made calamity 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.
(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 State Dam Safety Organisation:
Provided that the engineers and other technical personnel shall be required to be stationed at their respective dam sites during entire period of emergency following any other natural or man-made calamity 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.
Section 32 Instrumentations to be installed in every specified dam.
(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.
(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.
Section 33 Establishment of hydro-meteorological station.
(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 subsection (1) at a suitable location.
(2) Every owner of the specified dam shall collect compile process and store data referred to in subsection (1) at a suitable location.
Section 34 Installations of seismological station.
(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 subsection (1) at such suitable location and in such manner as may be specified by the regulations.
(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.
Section 35 Obligation of owner of specified dam.
(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 authorities and also make available the information in public domain; and
(f) render necessary assistance to the Authority in establishment and running of the early warning system for the exchange of real time hydrological and meteorological data and information related to the operation of reservoirs.
(2) Every owner of a specified dam, for each of its dam shall, carry out risk assessment studies at such interval as may be specified by the regulations and the first such study shall be made within five years from the date of commencement of this Act.
(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 authorities and also make available the information in public domain; and
(f) render necessary assistance to the Authority in establishment and running of the early warning system for the exchange of real time hydrological and meteorological data and information related to the operation of reservoirs.
(2) Every owner of a specified dam, for each of its dam shall, carry out risk assessment studies at such interval as may be specified by the regulations and the first such study shall be made within five years from the date of commencement of this Act.
Section 36 Emergency action plan.
(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,---
(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 with probable areas, population, structures and installations likely to be adversely affected due to flood water released from the reservoir;
(iii) warning procedures, inundation maps and advance preparations for handling efficiently and in the best possible manner the likely adverse situations especially to avoid loss of human life;
(iv) such other matters which may having regard to the geographical conditions, size of the dam and other relevant factors as may be necessary.
(3) The emergency action plan under this section shall be put into action as and when conditions arise which are hazardous or likely to be hazardous to a specified dam or potentially hazardous to public safety, 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 the State entrusted with disaster management and relief in the area likely to be affected and owners of other dams in the immediate vicinity likely to be affected, so as to bring coordination and transparency and allay any unwarranted fear on dam safety issues.
(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,---
(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 with probable areas, population, structures and installations likely to be adversely affected due to flood water released from the reservoir;
(iii) warning procedures, inundation maps and advance preparations for handling efficiently and in the best possible manner the likely adverse situations especially to avoid loss of human life;
(iv) such other matters which may having regard to the geographical conditions, size of the dam and other relevant factors as may be necessary.
(3) The emergency action plan under this section shall be put into action as and when conditions arise which are hazardous or likely to be hazardous to a specified dam or potentially hazardous to public safety, 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 the State entrusted with disaster management and relief in the area likely to be affected and owners of other dams in the immediate vicinity likely to be affected, so as to bring coordination and transparency and allay any unwarranted fear on dam safety issues.
Section 37 Assistance to other disaster management authorities.
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.
Section 38 Comprehensive dam safety evaluation.
(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 hydraulic conditions with mandatory review of design floods as specified by the regulations;
(c) general assessment of seismic safety of specified dam with mandatory site specific seismic parameters 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.
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 hydraulic conditions with mandatory review of design floods as specified by the regulations;
(c) general assessment of seismic safety of specified dam with mandatory site specific seismic parameters 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.
Section 39 Compulsory evaluation in certain cases.
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
(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
Section 40 Reports of comprehensive evaluation.
(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
(e) recommendations for improvements in routine maintenance and inspection of dam, if required.
(3) Where the safety evaluations undertaken under section 38 or section 39, results in recommendations for a remedial action, the State Dam Safety Organisation shall pursue with the owner of the specified dam to ensure that remedial measures are carried out in time, for which the owner shall provide adequate funds.
(4) Where there is any unresolved matter emerging between an independent panel of experts referred to in sub section (1) of section 38 and the owner of the specified dam, the matter shall be referred to the State Dam Safety Organisation, and, in case no agreement is arrived at, the matter shall be referred to the Authority which shall render its advice and send recommendations to the State Government concerned for implementation.
(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
(e) recommendations for improvements in routine maintenance and inspection of dam, if required.
(3) Where the safety evaluations undertaken under section 38 or section 39, results in recommendations for a remedial action, the State Dam Safety Organisation shall pursue with the owner of the specified dam to ensure that remedial measures are carried out in time, for which the owner shall provide adequate funds.
(4) Where there is any unresolved matter emerging between an independent panel of experts referred to in sub section (1) of section 38 and the owner of the specified dam, the matter shall be referred to the State Dam Safety Organisation, and, in case no agreement is arrived at, the matter shall be referred to the Authority which shall render its advice and send recommendations to the State Government concerned for implementation.