The Dam Safety Act, 2021
Administered Ministry: Ministry of Jal Shaktri / Department of Water Resources, River Development and Ganga Rejuvenation
Section
Section 41 Punishment for obstruction, etc.
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.
(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.
Section 42 Offences by Departments of Government.
(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.
(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.
Section 43 Offence by companies.
(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 director, manager, secretary or other officer of the company, such director, manager, secretary or other officer shall also, be deemed to be guilty 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 of individuals; and
(b) "director", in relation to a firm, means a partner in the firm.
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 director, manager, secretary or other officer of the company, such director, manager, secretary or other officer shall also, be deemed to be guilty 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 of individuals; and
(b) "director", in relation to a firm, means a partner in the firm.
Section 44 Cognizance of offences.
(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.
(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.
Section 45 Annual report of safety status of specified dam.
(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 months of the expiry of the preceding financial year and that Government shall cause the same to be laid before each House of Parliament.
(4) The Authority shall forward its annual report on the safety status of specified dams to the National 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 the concerned State Disaster Management Authority and also make available such report in public domain.
(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 months of the expiry of the preceding financial year and that Government shall cause the same to be laid before each House of Parliament.
(4) The Authority shall forward its annual report on the safety status of specified dams to the National 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 the concerned State Disaster Management Authority and also make available such report in public domain.
Section 46 Safety measures in respect of dams other than specified dams.
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.
Section 47 Safety measures in respect of dams located outside territory of India.
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 48 Act to have overriding effect.
The provisions of this Act shall have effect notwithstanding anything inconsistent therewith contained in any other law for the time being in force.
Section 49 Power to amend Schedules.
(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.
(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.
Section 50 Power of Central Government to give directions.
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.
Section 51 Vacancies, etc., not to invalidate proceedings of National Committee on Dam Safety Authority and State Committee on Dam Safety.
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.
(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.
Section 52 Power of Central Government to make rules.
(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 other matter which is to be, or may be, prescribed or in respect of which provision is to be made by the Central Government by rules.
(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 other matter which is to be, or may be, prescribed or in respect of which provision is to be made by the Central Government by rules.
Section 53 Power of State Government to make 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 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 experience of the officers and other employees of the State Dam Safety Organisation in the field of dam safety or such other field under sub-section (1) of section 15;
(f) the functions, powers, and terms and conditions of service of the employees of the State Dam Safety 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 to be 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 it is made, before the State Legislature, where it consists of two Houses, or where such legislature consists of one House, before that House.
(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 experience of the officers and other employees of the State Dam Safety Organisation in the field of dam safety or such other field under sub-section (1) of section 15;
(f) the functions, powers, and terms and conditions of service of the employees of the State Dam Safety 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 to be 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 it is made, before the State Legislature, where it consists of two Houses, or where such legislature consists of one House, before that House.
Section 54 Power to make regulations by Authority.
(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 subsection (1) of section 18;
(d) the qualifications, experience and training of the individuals responsible for safety of specified dams under section 23;
(e) the employment of competent engineers and their qualifications and experience for the purpose of investigation, design and construction of specified dams under sub-section (3) of section 26;
(f) the quality control measures for the purpose of dam construction under sub-section (5) of section 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 their installation under sub-section (1) of section 32;
(j) the form, manner and time interval for forwarding the analysis of readings to the State Dam Safety Organisation under sub-section (2) of section 32;
(k) the data requirements of hydro-meteorological stations in the vicinity of specified dams under 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 data under sub-section (2) of section 34;
(n) the time interval of risk assessment studies to be carried out under sub-section (2) of section 35;
(o) time interval for updating the emergency action plan under clause (b) of sub-section (1) of section 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 specified dams under section 46;
(t) any other matter which is to be specified or in respect of which provision is to be made by the Authority.
(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 subsection (1) of section 18;
(d) the qualifications, experience and training of the individuals responsible for safety of specified dams under section 23;
(e) the employment of competent engineers and their qualifications and experience for the purpose of investigation, design and construction of specified dams under sub-section (3) of section 26;
(f) the quality control measures for the purpose of dam construction under sub-section (5) of section 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 their installation under sub-section (1) of section 32;
(j) the form, manner and time interval for forwarding the analysis of readings to the State Dam Safety Organisation under sub-section (2) of section 32;
(k) the data requirements of hydro-meteorological stations in the vicinity of specified dams under 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 data under sub-section (2) of section 34;
(n) the time interval of risk assessment studies to be carried out under sub-section (2) of section 35;
(o) time interval for updating the emergency action plan under clause (b) of sub-section (1) of section 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 specified dams under section 46;
(t) any other matter which is to be specified or in respect of which provision is to be made by the Authority.
Section 55 Rules and regulations to be laid before Parliament.
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.
Section 56 Power to remove difficulties.
(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.
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.