Dam Safety Bill

Most Immediate
No. 24/2/20 16-H-II

Government of India
Ministry of Power
***
Shram Shakti Bhawan
- Raft Marg, New Delhi -110001
Dated: ih June, 2016
To
1. The Chairperson, Central Electricity Authority.

2. The Chairman, BBMB.
3. CMDs - NHPC Ltd., SJVN Ltd., THDC (India) Ltd. & NEEPCO.
Subject: Proposal for enactment of Dam Safety Bill - furnishing of comments -

regarding.
Sir,
I am directed to enclose a copy of the Ministry of Water Resources, River

Development & Ganga Rejuvenation's letter No. 2112/2014-BMl22368 dated 18th May, 2015
alongwith a copy of the Draft Note on Cabinet on the proposal for the enactment of Dam
Safety Bill and a copy of the Dam Safety Bill, 2016 which are self-explanatory. In this
regard, you are requested to furnish your views I comments on the relevant provisions of the
Bill at the earliest for further necessary action at thiS end. A copy of the inputs may also be
emailedathydr02-mop@gov.in.
Encl: as above.
Yours faithfully,
~
(Kundan Kumar)
Under Secretary to the Government of India
Telefax: 23705841
S~cA'1l)r 51· tJo· lcl<.J
) ~~lu
cD fit) n n\ r No. 2112/2014-BM /'2-')--3 (,<t SECRET
! 0)Y~ GOVbRNMEN r OF INDIA

\ ------y,1( MINISTRY OF WATER RESOURCES,
~ RIVER DEVELOPMENTAND GANGA REJUVENATION
-0-'-0 -AS-( E:,-i_;-"P}"""'"M-:-::-OP="'" --7 rSr" ~~. (BM SECTION)
R. No. 201, 2nd Floor,
Block-III, CGO Complex,
Dy No...............•.•.•...• Lodhi Road, New Delhi-03
.... ..
.............. o•
Dated: 18/05/2016
To
As per list attached
Subject: Proposal for the enactment of Dam Safety Bill-regarding

Reference:No. 2113/2013-BMdated 22.05.2013
"-"""JI..r" 10
The proposal for enactment of Dam Safety Bill is under consideration of the Ministry
to provide proper surveillance, inspection, operation and maintenance of all dams in India to
ensure their safe functioning and to ensure uniform dam safety procedure which shall ensure
national investmentand benefits by safeguardinghuman life, livestock and property.
2. A draft Cabinet Note circulated by Ministry of Water Resources in October, 2009,
and proposal for enactment of dam safety legislation was approved by the Cabinet on
13.05.2010.The Bill was tabled before the Parliament on 30.08.2010 and was subsequently
referredto the ParliamentaryStanding Committee on Water Resources for examination.
3. The Parliamentary Standing Committee submitted the recommendations vide its
Seventh Report on Dam Safety Bill, 2010 in the Parliament and same were referred to Govt.
of India by the Lok Sabha Secretariat vide OM No. 12/5/WE/20 11 dated 17.08.2011. The
observationsand recommendationsof the Committee on Water Resources were examined by
this Ministry for necessary compliance. Owing to the significant modifications to the Bill, the
Ministry of WR, RD & GR decided to withdraw the Bill and introduce a new Bill in the
Parliament.
4. Accordingly, the draft of new 'Dam Safety Bill', incorporating the necessary
changes/modificationsin the Dam Safety Bill, 2010 in complianceto recommendations of the
ParliamentaryStanding Committee, along with the draft CabinetNote was sent to Ministry of
Law & Justice (MoL&J) for vetting and approval. Subsequently,the approved draft Cabinet
Note and the draft Bill were circulated to the concerned Ministries/Departments for their
)
comments/views vide Ministry's OM No. 2I11/2013-13M dated 22.05.2013. Thc
comments/views of the concerned Ministries/Departments so received (copy enclosed), were
examined by this Ministry for necessary compliance and the draft Cabinet Note and draft Bill
were modified accordingly.
5. However, the said Bill lapsed on the dissolution of 15th Lok Sabh a. As a fresh
resolution of two States was required under Article 252 of the Constitution for introducing
the Bill, in view of the bifurcation of the State of Andhra Pradesh, the process for enactment
of Dam Safety Bill under Article 252 could not be taken up by this Ministry.
6. Further, the matter was referred to the Department of Legal Affairs to explore the
possibility of enactment of Dam Safety Bill under Entry 56 or Entry-97 of the List-I of the
Seventh Schedule to the Constitution to ensure wider applicability of the proposed Act. The
matter was further referred to Ld. Solicitor General of India for his considered opinion.
7. Accordingly, as per the considered opinion of the Ld. Solicitor General oflndia, draft
Dam Safety Bill has been prepared, duly vetted by MoL&J, and same has been approved by
Hon'ble Minister for Law & Justice and Hon'ble Minister for WR, RD & GR.
8. In this regard, I have been directed to enclose herewith a copy of the draft Cabinet
Note (including draft Dam Safety Bill, 2016) with the request to kindly submit
comments/views to this Ministry within two weeks time, as per Cabinet Secretariat OM No.
1I50/1/2014-Cab dated 20.06.2014.
Ene.: As above. \ Yours faithfully

".,~~', ~Ib
,-1"I·t>
(Asit Chaturvedi)
Sr. Joint Commissioner (BM)
Tel: 011-24367109
)
The Secretary,
Department of Expenditure
Ministry of Fmance,
North Block,
New Delhi.
The Member, NDMA,

NDMA Bhawan,
A-I, Safdarjung Enclave,
New Delhi.
The Secretary,
Ministry of Home Affairs,
North Block,
New Delhi.
Dr. Arvind Panagariya, Vice Chairman (NITI Aayog)

NIT! Aayog,
436, NIT! Bhawan,
Parliament Street,
New Delhi.
~e Secretary,
Ministry of Power,
Shram Shakti Bhawan,
Rafi Marg,
New Delhi.
The Secretary,
DoPT,
North Block,
New Delhi.
The Secretary,
Ministry of Environment & Forest,
CGO Complex, Lodhi Road
New Delhi.
The Secretary,
Mlo Law & Justice,
Shastri Bhawan,
New Delhi.
The Secretary,
Department of Land Resources,
Ministry of Rural Development,
NBO Building, G-Wings,
Nirman Bhawan,
Moulana Azad Road,
New Delhi.
The Secretary,
Ministry of Agriculture,
Krishi Bhawan,
Rajendra Prasad Road,
New Delhi.
Most Immediate
No. 17/2/2013-H-1I
~~
Government of India
~ ii?lI<'l\!1
Ministry of Power
Shram Shakti Bhawan, Rafi Marg, New Delhi - 110001
Telephone No. 23715507; Fax No. 2371 7519
Dated: 16.07.2013
Office Memorandum
Subject: Proposal for the enactment of Dam Safety Bill, 2013 - regarding.
The undersigned is directed to refer to Ministry of Water Resources' letter No.

21/1/2013-BM/1212 dated 22nd May, 2013 on the subject mentioned above vide which
it was requested to furnish the views of this Ministry on 'draft Cabinet Note on Dam
Safety Bill, 2013'. In this connection, it is informed that the issue has been examined in
consultation with the Central Electricity Authority (CEA), a technical body under this
Ministry. It appears from Clause-4 of Chapter-II of the proposed Dam Safety Bill that
Central Government will nominate 10 Members to National Committee on Dam Safety.
In this connection, it is requested to ~~~te~.r~eresenta!i.y ..
~Jr.om._Mi.ol~tIY_QLP_q~~
..~.
also as one of the permanent merrlb;..r..QfJheNational Committee on Dam Safety .
... -- ------ ~-~--------__.~-.---------- ------------------_ .._- ....
This issues with the approval ofthe Minister of State for Power (I/C).
(Ajit Kumar)
Under Secretary to the Govt. of India
Tel.: 23714169
Email: kumar.ajit@nic.!n
Ministry of Water Resources

[Kind Attn - Sh. Urvilla Khati, Joint Secretary, MoWR]
Block No. 11, CGO Complex, Lodi Road
New Delhi - 110 003
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Govemment of India
Ministry of Water Resources, River Development
and Ganga Rejuvenation
Copy No.
New Deihl, .... May 2016
DRAFT NOTE FOR THE CABINET
Subject: Proposal for the enactment of Dam Safety Bill, 2016.
Introduction and Background:
11 Dams are critical infrastructure for multipurpose uses such as irngatlon, power
generation, flood moderation and supply of water for drinking and industrial purposes,
which are constructed with large Investments Other physical assets, such as, hydro
power plants, irrigation network, drinking and industrial network, munlcpal supplies etc,
are also linked with the dams. Thus, it becomes a national responsibility to take
necessary steps to ensure the safety of dams.
1.2 Realising the importance of ensuring safety of dams, the Government of India
(through the erstwhile Ministry of Irrigation) constituted a Standing Committee In 1982,
under the Chairmanship of Chairman, Central Water Commission (CWC) to review the
existing practices and to evolve unified procedures for safety of dams. The Standing
Committee submitted its report titled "Report on Dam Safety Procedures" in July, 1986
The report elaborates the then eXisting procedures, their evaluation and suggestions for
institutional arrangements for dam safety at the levels of States and the Centre. In view of
international practice, the report also recommended for enactment of Dam Safety
Legislation
13 A comprehensive Draft Dam Safety Bill was prepared in 2002 and circulated to
the State Governments for comments The States have responded well to the draft Bill
The Government of Bihar has enacted the Dam Safety Act, 2006 In line with the draft Bill
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circulated by the Ministry The Andhra Pradesh Legislative Assembly adopted a
Resolution on the 24th March, 2007 that the Dam Safety legislationshould be regulated
in the State of Andhra Pradesh by an Act of Parliament The West Bengal Legislative
Assembly also passed a Resolutionon the 24thJuly, 2007 empoweringthe Parliamentto
pass the necessary Dam SafetyAct
1 4 The Dam Safety Bill was accordinglyfinalisedby the Ministryof Water Resourcesin
consultation with Ministry of Law and Justice for enactment under article 252 of the
Constitution.As per article 252 of the Constitution,Parliamentis empowered to legislate
on any subject In List II to Seventh Scheduleof the Constitutionof India, provided that,
two or more States give consent for such legislationand the resolutionsare adopted by
their respective legislatures empowenngthe Parliament to pass an Act in this regard,
which shall apply to those States.After the reqinsrte Inter-ministerialconsultation on the
draft Cabinet Note circulated by Ministry of Water Resources in October 2009, the
proposal for enactment of dam safety legislationwas approved by the Cabinet on 13th
May, 2010 The Bill was tabled beforethe Parliamenton the 30th August, 2010, and was
subsequently referredto the ParliamentaryStanding Committeeon Water Resourcesfor
examination.
15 The Parliamentary Standing Committee submitted the recommendations by its
Seventh Report on Dam Safety Bill, 2010 in the Parliament,and the same were referred
to Government of India by the Lok Sabha Secretariat by Its 0 M No 1215NVRl2011
dated 17thAugust, 2011.

16 The observation and recommendationsof the ParliamentaryStanding Committee
on Water Resources were examined by the Ministry of Water Resources Owing to
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significant changes/modifications entailed in the Bill while complying with the

'II
recommendations of the Parliamentary Standing Committee, the Ministry of Water
Resourcesdecided to withdrawthe Bill and introducethe modified Bill as a new Bill in the
Parliament By the time, the term of the 15th Lok Sabha came to an end, and
therefore the Dam Safety Bill 2010 lapsed with the dissolution of 15th Lok Sabha
1.7 In the meantime, as per Andhra Pradesh Re-orqanisatron Act, 2014, the
erstwhile State of Andhra Pradesh were bifurcated Into the States of Telangana
and Andhra Pradesh. The matter was discussed with the Ministry of Law and
Justice, and as advised, both the newly created States were approached by the
Ministry of Water Resources, River Development and Ganga Rejuvenation
(MoWR,RD&GR) for concurrence of said resolution in their respective Houses as
was passed by the erstwhile State of Andhra Pradesh.
1.8 Fresh process for enactment of Dam Safety Bill under article 252 of the
Constitution could not be taken up in the absence of response from any of the
bifurcated states of Andhra Pradesh and Telangana Hence, MoWR,RD&GR
approached the Department of Legal Affairs, Ministry of Law and Justice, for
exploring the possibility of enactment of the Dam Safety Bill under Entry-56 or
Entry-97 of the List-I of the Seventh Schedule to the Constitution. The recourse
was suggested to have a nationwide applicability of the Dam Safety Act and for a
uniform and consistent policy across all states especially in view of the inter-state
ramifications
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19 As a follow-up of the clarifications submitted by MoWR,RD&GR, on the
queries raised, the Department of Legal Affairs sought the opinion of the Attorney
General, Government of India on the proposal for enactment of Dam Safety Bill
The matter was further referred by Attorney General to Solicitor General for
opinion. The learned Solrcitor General of India in his considered opinion given on
15.02.2016 (copy given as Annexure-I, reference page no. 16-26 ) has stated
tt it will be constitutionally and legally valid to pass the Dam Safety Bill by
exercising power conferred under Article 246 read with Entry 56 and Entry 97 of
List I of Seventh Schedule of the Constitution".
1.10 Accordingly, the Dam Safety Bill, 2016 has been prepared (Annexure- II,
reference page no. 27-61) for coverage across whole of India incorporating the
recommendations of the Parliamentary Standing Committee on the Dam Safety
Bill 2010. The report of para-wise compliance on the recommendations of the
ParliamentaryStandingCommitteeis given as Annexure-III, reference page no 62-80.
1.11 Therefore, the Dam Safety Bill, 2016 can now be introduced in by exercising
power conferred under article 246 read with Entry 56 and Entry 97 of List I of
Seventh Schedule to the Constitution as opined by the Ld Solicitor General
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Justification for the Proposal:
2.1 Safety of dams ISvery Importantfor safeguardingthe huge investment In critical
physical Infrastructureand the benefits derivedfrom the projects. Further, an unsafe dam
constitutesa hazard to human life,flora and fauna, ecology and public and private assets
including crops, houses, bUildings,canals, roads, etc Therefore, the safety of dam ISa
matter of great concern to the general public
22 Dam safety is also relevant to a nation's ability to comply with its international
obligations.A failure to pay adequate attentionto dam safety can lead to the violation of
national obligations under existing internationaltreaties and conventions, such as those
relating to trans boundary watercourses, wet land, desertification, biological diversity,
flora and fauna, world heritageand the environment.
23 The Ld Solicitor General of India, while giving his considered opinion, on
the Dam Safety Bill, has also listed the following as 'needs' for such an Act by the
Parliament:
a India has about 4857 completed large dams and 314 dam are under
construction. However, 3654 dams (75% completed dams) have
become more than 25 years old, and about 164 dams have become
more than 100 years old. Many of these dams, owing to the Issues of
deferred maintenance or because of the design and construction
practices being of an earlier era, may pose risk to life and safety of very
vast population.
b The existing dams have been constructed with huge Investments
including substantial investments in terms of social and environmental
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costs Long-term sustenance of these assets IS Vital for drawing
planned operational benefits from these assets
c Many of the dams would have inter-stateramificationsIn case of actual failure
or perceived threats of failures (e.q case of Mulla Penyar dam, Morbi dam
disaster 1800 to 25000 people) In absence of statutory arrangements, the
interests of the downstream states cannot be safeguarded.This may result
Into Interstate conflicts as well as increase in requirement of judicial
Interventions.
d. The Central Water Commission, through Central Dam Safety Organization
and National Committee on Dam Safety, has been continuously
endeavouring to improve the safety conditions of large dams in the country
Howeverfor want of proper statutoryprovisions,functioningof these entities IS
limitedto advisory role without any capacityof enforcementof such advice.
e. The provisions of the proposed Dam safety Act will lead to empowerment of
the dam safety institutional set-ups in both the Centre and the States and IS
also expected to help In standardizing and improving the dam safety
practices.
Inter-Ministerial Consultations:
3.1 While seeking the approval of Cabinetfor enactmentof Dam Safety Bill 2010, the
detailed Inter-mirustenalconsultationwere carried out by the Ministryof Water Resources
with Ministry of Finance (Department of Expenditure), National Disaster Management
Authonty (NDMA), Ministry of Home Affairs, Ministry of Power and the Planning
Commission. As such, the modifications brought in the Dam Safety Bill 2016 do not
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contradict with the earlier observations of other Ministries However, the
recommendations/ comments of the rrunistnes concerned and the observenon/
comments of those rnirustnes, if any, shall be placed at Annexure - IV, Reference page
-81.
Provisions of the proposed Act:
4.1 The proposed Dam Safety Bill, 2016 provides for proper surveillance, inspection,
operation and maintenance of all specified dams in the country to ensure their safe
functioning. "Specified Dam" means a large dam which is (i) above fifteen meters in
height, measured from the lowest portion of the general foundation area to the top of
dam; or (ii) between ten metersto fifteen meters in height and satisfiesat least one of the
following, namely, (a) the length of crest is not less than five hundred meters; or (b) the
capacity of the reservoir formed by the dam is not less than one million cubic meters; or
(c) the maximum flood discharge dealt with by the dam is not less than two thousand
cubic meters per second, or (d) the dam has speciallydifficultfoundation problems; or (e)
the dam is of unusual design.
4.2 The Act, will inter alia, providefor.-
4.2 1 Applicability. - The Act shall apply to the whole of India.
4.2.2 National Committee on Dam Safety. - The National Committee on Dam
Safety shall be constituted to discharge such functions as may be necessary to evolve
policy, guidelines, standards and their revision for proper surveillance, Inspection,
operation and maintenance of specified dams In order to achieve a uniform safety
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assurance level for all specified dams In the country The National Committee shall be
empowered for making regulations on the recommendationsof the NationalDam Safety
Organisation,or otherwise,for carrying out the purposesof this Act
4.2.3 National Dam Safety Authority. - The National Dam SafetyAuthority shall be
established as an independentand autonomousbody under the administrativecontrol of
the MoWR,RD&GR headed by an officer not below the level of Member (in Central
Water Commission). The National Dam Safety Organisation shall discharge such
functions as may be necessary to notify and enforce the regulations evolved by the
National Committee.The organisation shall monitorthe functioningof State Dam Safety
Organisations and evaluate the dam safety practices followed by them; provide the
technical and managerial assistance to the States and State Dam Safety Organisations;
maintain a national level data-base of all specifieddams in the countryand the records of
major dam failures; examine the cause of any major dam failure; publishand update the
standard guidelines and check-lists for the routine inspectionand detailed Investigations
of dams and appurtenances; accord recognitionor accreditationsto the organisations
that can be entrusted with the works of Investigation,design or construction of new
specified dams; and look into unresolvedpoints of issue betweenthe State Dam Safety
Organisation of two states, or between the State Dam SafetyOrganisationof a State and
the owner of a dam in that State, for a proper solution A unit of National Dam Safety
Organisation headed by a Chief Engineerlevel officer shall also act as Secretariatof the
National Committeeon Dam Safety

4.2 4 State Committee on Dam Safety: - The State Committee on Dam Safety
shall be constitutedby the State Government The State Committeesshall ensure proper
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surveillance, inspection, operation and maintenance of all specified dams In that State
and ensure their safe functioning
4.2 5 State Dam Safety Organisation: Every State having specified dams shall
establish a "State Dam Safety Organisation", which will be manned by officers with
sufficient experience in the field of safety of dams preferably from the areas of dam-
designs, hydro-mechanical engineering, hydrology, geo-technical Investigation,
instrumentation, dam-rehabilitation or such other field as the State Government may
considerappropriate.
42.6 Duties and Functions in relation to Safety of Dams:-
(a) Every State Dam Safety Organisationshall keep constant surveillance, carry out
routine inspections, and monitor the operation and maintenance of all specified dams
fallingunder their jurisdictionto ensure continuedsafety of such dams. They shall dassify
each dam under their jurisdictionas per the vulnerabilityand hazard classificationcriteria
laid down by National Committee on Dam Safety, and maintain a logbook or data-base
for each such dam recordingall activitiesrelatedto surveillance,inspectionand important
events concerning dam safety They shall also maintain the records of major dam
incidentsof each specifieddams under theirjurisdiction;
(b) Every owner of specified dam shall earmark sufficient and specific funds for
maintenanceand repairs of the dams;
(c) All specified dams in a State shall fall under the JUrisdictionof the State Dam
SafetyOrganisationof that State;
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MInistry of Water Resources, River Development
(d) Every owner of specified dam shall establish operation and maintenance setup
for his specified.dams with adequate numbers of trained O&M staff Operation and
Maintenance (O&M) Manual shall be preparedand kept at all timesat each dam
4 2.7 Safety, Inspection and Data Collection: -
(a) Owner of specified dam shall establish within his operation and maintenance
setup a dam safety unit consisting of competent levels of engineers Every owner of
specified dam shall undertake,through concerneddam safety unit,the pre-monsoonand
post-monsoon Inspectionsof each such dam In addition, special inspections shall be
undertaken during and after floods, earthquakes and if any signs of distress or peculiar
behaViouris noticed In the dam, appurtenance or reservoirfnnges All Inspectionsshall
be carried out as per checklist,format or proforma standardizedand notified by National
Dam Safety Organization

(b) All new specified dams shall have a minimum number of set of Instrumentations
necessary to adequately monitor the performanceand safety of dams. A well designed
hydro-meteorologicalnetwork shall be establishedin the vicinity of every specnsd dam.
A seismological stationshall also be installedin case of dams higher than thirty metersor
falling in the seismiczone III or above
4.2.8 Emergency Action Plan and Disaster Management: -
(a) Every dam owner shall carry out risk assessment studies at an Interval of twenty
years or at such intervalsas speofied by the NationalCommittee
(b) Emergency Action Plan for disaster preparedness shall also be prepared for every
spscmed dam and updatedat regular Intervals
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(C) Every owner, organisation and authority shall render necessary co-operation to the
authorities under the Disaster Management Act, 2005 (53 of 2005) to meet or mitigate
any disaster or emergency arising out of the specified dams
4.2.9 Comprehensive Dam Safety Evaluation: The owner of specified dam shall
arrange for comprehensive safety evaluation of each of his specified dam through an
independent panel of experts for the purpose of determining the conditions of the
specified dam and reservoir at regular intervals as may be notified by the National Dam
Safety Organisation
4 2 10 Offences and Penalties: Punishable offence may be considered against a
person or department or company that without reasonable cause 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 National Dam Safety Organisation or the State
Committee or the State Dam Safety Organisation.
4.2 11 Miscellaneous: - Every concerned State Dam Safety Organisation shall
prepare annual report of its activities and sent the same to the National Dam Safety
Organisation. The National Dam Safety Organisation shall prepare a consolidated
annual report which would be laid in each house of Parliament. Such reports would also
be available in public domain. The National Dam Safety Organisation shall forward Its
annual report on safety status of dams to the National Disaster Management Authonty
Similarly, the State Dam Safety Organisation shall place the annual report on safety
status of dams before the State Legislatures and also forward their annual report to the
concerned State Disaster Management Authority. Also, every owner of the dam other
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than specified dam shall undertake such measures as may be necessary to ensure
safety of the dams and shall comply with the instructions and gUidelines which may be
Issued by the concerned State Governments
Proposal:
5.0 In view of the foregoing, it is proposed to enact the Dam Safety Legislation which
would help the States and the dam owning entities In adopting uniform dam safety
procedures
Financial Implications:
60 Clause 4,5 and 6 of the Bill provides for constitution of a National Committee on
Dam Safety In respect of these Clauses of the Bill, recurring expenditure of about
Rupees Seventy Lakhs per annum is anticipated for meeting miscellaneous expenses of
the National Committee on Dam Safety, expenses related to experts and specialists etc
Further, Clause 7,8 and 9 of the Bill provides for establishment of National Dam Safety
Organisation which will function as an independent and autonomous body under the
administrative control of MoWR,RD&GR. The Chairperson of this Organisation will be
apPOinted by the Central Government; and the officers and other employees and
supporting staff shall also be provided by the Central Government. In respect of these
clauses of the Bill, a capital expenditure of Rs. 50 Crore is anticipated for creation of
building and infrastructure facilities for the office of National Dam Safety Organisation
assuming availability of Government land. The anticipated recurnng expenditure for
meeting the remuneration of National Dam Safety Authority's officers, staff, consultants,
and other miscellaneous office expenses, is Rs. 34 Crore per annum The Financial
Memorandum In this regard is enclosed as Annexure-IV, Reference page no. 82-85.
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Approval sought:
70 Approval of the Cabinet IS solicitedfor introducingthe Dam Safety Bill, 2016 in the
current session of Parliamentsubject to changes of drafting or consequential nature, if
any, in consultation with the Legislative Department. A copy of the Bill is enclosed as
Annexure- II, reference page no. 16-26.
9.0 The statement of ImplementationSchedule has been given in the Appendix-I to
the Note.
10.0 The Statement of Equity, Public Accountabilityand Innovation is at Appendix- II
to the Note
11.0 The proposal contained in the Note has been approved by the Minister of Water
Resources, River Development and Ganga Rejuvenation.
(Dr. B. RAJENDER)
JOINT SECRETARY
MINISTRY OF WATER RESOURCES, RD & GR
Tel. No.23711946
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Appendix-I
(Refer paragraph 9.0)
STATEMENT OF IMPLEMENTATION SCHEDULE
Subject: A proposal for the enactment of Dam Safety Bill, 2016.
Project Benefit/Result Time Schedule

Gist of the decision
for
Implementation
The Bill will be
One of the Action Points It will help the all States
recommended by the Standing and Union Territories of Introduced in the
Committee constituted In 1982 under India In adopting uniform
the Chairmanship of Chairman, dam safety procedures Parliament after
CWC was enactment of Dam Safety which shall ensure
Legislation. Dam Safety Bill, 2010 safety of dams and the approval of
was placed before the Parliament on safeguard benefits from
Cabinet.
eo" August, 2010 and was such dams. This shall
subsequently referred to the also help in
Parliamentary Standing Committee safeguarding human life,
on Water Resources for livestock and property.
examination. The Parliamentary
Standing Committee submitted the
recommendations Vide its Seventh
Report on Dam Safety Bill, 2010 in
the Parliament in August, 2011, and
subject to its recommendations and
observations, the Standing
Committee has recommended
passing of the Bill by the Parliament.
Approval of the Cabinet is solicited
for enactment of Dam Safety Act,
2016 for pan -India coverage under
Article 246 read with Entry 56 and
Entry 97 of List I of Seventh
Schedule of the Constitution
(Dr. B. RAJENDER)
JOINT SECRETARY
Tel. No.23711946
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Appendix-Il
STATEMENT ON EQUITY, PUBLIC ACCOUNTABILITY AND INNOVATION
Subject: A proposal for the enactment of Dam Safety Bill, 2016.
SI. The required How does the proposal advance this goal?
No. goal
1 Equity or The Dam Safety Bill, 2016 provide for proper surveillance,
inclusiveness inspection and maintenance of all dams of certain
parameters in India to ensure their safe functioning and for
ensuring safety of citizens, flora and fauna and public and
private assets This will cover all specified dams in the
country and safeguard the interest of all people who could be
affected by such dams.
2. Public The proposed Act seeks to enjoin responsibility on Central

accountability Government, State Governments and owners of specified
dams to set up an institutional mechanism for ensuring
safety of such dams and reporting the action taken. Thus,
the accountability of Central Government, State
Governments and owners of dams would be ensured. The
Act Also proposes that Annual Reports would be prepared by
concerned Dam Safety Organisations, which would be
available in public domain.
3. Innovation An innovative mechanism and uniform procedures for

ensuring safety of dams and for review of the existing
practices in respect of safety of dams In India will be
established under the provrsrons of the proposed Dam Safety
Act.
(Dr. B. RAJENDER)
JOINT SECRETARY
Tel. NO.23711946
SECRET
Page 15 of85
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[File No 21/2/2014- BMj
Government of India
and Ganga RejuVenation
Annexure-1
(Reference para 1.9)
OF)/fCg ,W ~:OI 1(;I'I'Oi". Gli~NT':nhJ nt· 'r~Il)!"

SlJ)'l{EMli: COU1;;''!'
NgW DB1,Hl
'j':F, n.uuc: W"I'> r"knl"j l') u«. ,J: ih« f,<;HlliCO:\1\ ()lll( \. Ch'Il(1'.A: O]l
02,(;:.l :~UllJ, 1\]1 OI)lfl.()l1 t-.lif, beel' C,Oll!;:'l\ by 'l)(. Ul'pij,\.Tj(·lJ! of I :·I.',H\
,\111-111", MJlll~,:J~ ,)1 Ut;"I. ~,nd )l,S\1l'" f(ll ilnll Oil h( h;,1: (,I f,]i:Jl',Il': o:
w.uvr I(CbvUlll~, ,,(1\'C! 1)( v- 1:'IJ:llc'J,: .'L,C. ""C. ,;,' '. 'J' U, iI'"
lL,n'r-h!'g pr(1j)o:t.l "H' (",,(,p'I'rll "f it [J,ltn ~~,tld\ Hill 'I'ill :,I)e' dw
qIH;! 11'~> n\]~,('d [nr lll~ ,Jll!SlC\f:UI uo» in rclau(lll 1(' \ 1)(' "l)(l\ L HI ( a:>
:'(lllu,--, s
(l) Whctlwr II \\'011]d be legally and lOI, -,tl1 11il(J~Hldy ,,~did \[J
cnc«t a lav 011 D:'tln SakLY hy cxcrCitHLf', I)uW(;]" c()~lfl~rI ,'d
under Aruclc 2t]() of the COI1SrltutlOTI w-t hout mtving fl

"pcdll( Ent:\, eIther under List T or I ,'c;1 11 01 Ihe Sf'vcnth
::>cheduk "i l::e ~:onstl;l1tiun: OR
(:1\ WlwlhCl i; would legally aud constlluIIUJ),-,ny PCrlTIISSIllk L(J
enact ,;ud l law l)y c:-..C!CIS1l1g po·wI:r fcll'L d lIJ1ctrr :\1<('k ,,,r~
24b tcil.d will, t:lllry 56 und Entxy (1', or I'h<: ~l'V{~,)!.h
~~('r,cdule o[ ;n,; COl:Stllutl(Hl, OH.

(Ill) Sucil It;g~stnllon lIe pr.ss('cl hy 11)$,l<Jll\!: ~)()\\I('n; cOllkrrcc\
llnde! i\r dell 2:") 01 lile conslllU1J(11l c()n~adennR 11 itS hI)
lntC1"- ~;-\..Llt(! \\.·ater i ~-,tJU.C

(IV) Gctlerat1y
,
I The Governlllent ollllClla (t.hrough the crslwhik Mlllistry or IrngatlOll)
~I. constlLu\c.d a StandIllg Comrnitlcf' III 1982, under the Clnnrmansbl]!
\ 01 Chainnan, CenLrnl Water Corumlssion (eWC) tf) 1 t'\'J('w the <::{lstlTll',
practir:I's I-lOrll0 eVOlv(:1.1l111H~d proccdun; for safe I\ of cl.ans,
\ TIl<' stnnrling cOllllllltlee sul.Jmlt\cc\ irs p'pnrt m ,july, 1()g(J, which
\11 dah(Jrnted (Ill L11( thcl) (')(lsling prOn'dlln"'>, tlWll ,.'\.a]u:.ltlon ~1l1d
,
<;'lg,~,CS!IUllS lor ill~,l'tut ion"l arrangcrrwnl [,If dn III sufci. Y ,11 ('(:n\ f<l.l
:mti State level. III V]\'\V $1 ll1\,>l'l1flt.lullai pl<lt'll('l', 1\",' Il~P(JJ \ ah{)
ll'Clll111Ll n(1<-(\ lUI ,;:1.\' \rIlL'n l [,1 [):1111
f;n reI)' I,:I,'~1:' I ]Ill I
III '1'11< C()\'I'rnlllt'lll oj \"d .., IIJ:li'A\I:d s1ept; to! llllllf'_1\lg, \, i~I~,l,tlj()lI ")1
1),']'01 '~:\kl' ,ll'II" , <.lUI')'! :',:11' ,\,. :)r,':l :~.tJr-l) 1\1'1,\ ',1))'T"'ll d II'
(PI)' v.i'll h \I',ll, '1" ,!l"I,'d lu till ';1<111 !~""

11,,", ,,\ ' ~", ""l( 1111""
III 1 ,,!,;..1l11'>', I,' :111 ;,,11(1 "lr,11:,,'I'JII, elll "i,llt' ,.I ilJiI"I (,11'l, (I',_! lfw
i),')I, ~\"kt:, !\,l )(),Ii, III \lllI' \"Ill ,\1' 1)I';II! Ill'] ,'I' ,11,.1"., Ip' 1\"
·1 u'l
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Page 16 of85
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[File No 21/2/2014- BM]
Government of India
'V 'J ,iI' '\]1'-:];1;\ l)n,d,'..,11 1_,'gl~,I'111"{' l\:.i,"):Ji):, ('I' ,~"I,).2\)l): ;\1,,' 'III 'N'I>1
I~t Jl~');,l Lt' ;1'1;}.(11\'(; ,'\!):-;('lnLd} Ull :~·L'/ :~Ul)1 ncJnp't d d -~I ',(-11::11)(;
,flip,),,, IIII:~ 1)11l'nrh'l1J1.'lll til p;,~~Iii' lJ\",U:~",''- D.n I :"t1(',\ "~,II
II '11,,' ivl"l1"!I\ 1I:'W,il.l;r 1~("(;I!lU,': J'JlI)',i];I','d ,1 1);!tjJ! ,tI"I.\ 1\111 ',11,1,

",,,1-, 'ntr{)dll('ed 'f) lhe Par hu rr.c r.t \)1] :F)"I jllllJII',t, ;!()I(J II)Jd,I !'dl), I,
)~'2 '" .I« COll'illflllJ!m "]11S JIJ11 \\'fJi', n';,'llcd 1,) flw 1).;riJulm:I:L11\-
~;l.lI)(liJ]~~ CUJl1H,illu> 011 Watr-r l~('ij(lll:(f I', i{lf F:":Jllljllfi L!IJII', ll«:
!'nr lUI1II"llIW' Sf:lJldilJ!~ Ct>Jlll~l1l~(;,'':Uldlli' II (i II" rr;'_('lJHr"'ll';;111'Hll
ll)
HlIJ.
\. J
I Th.- and rcvommcndutions
OI)f>CfviJIIOl1S of (be StancllrlfJ (:,)1111111'1,(
W(','r vxum.nerl bv the Mirnstry lor Jl('CCS':lHr,,' corn uluun r In t hr
m(':\l111:11C, ILl.' L!_)liJ Lok Sabha solved and II\' '.'lJ! ur. !)I
wa s ri1....
dissoluuo» ot the l.ok Sabha, (In. Darn Sakly Bili lilp':('11
VlI. III lhl; I1l('[JlhVllllc the S'LhLe oj And+ir-t Prndr-sh hac; :t!!,(. bll1.':( Hlcd
111(1)I}J(-' Sr:lll'S (Ji Tclcngana and Andl n » Pradesh l Iuncr-. ,; tlc~,ll
!vsoluuon would he required fr orn these 1\,;0 Sldt(;!', ill C<.,M' ()I 1:1)'
,'nac! TlH'llt 01 tile !Jal1l S,I1cI)' Rill :llJdel i\r'lc]e ~),:») d 'Il(
C1lllSllLutlOll
:&:'I'iA,J;-Y~!S
~_9PINI9N
Pln,t_ 11 is llnj)nrldn: Iv undcrslmlc1 '-h(~ need 1'01 Cl1ne!III("nt c::- tlit'
D,\111Sail'ty Dill. Artcr perusing the docurliL:n1 S 011 I ('cord I I1U\Jf; bec! 1
abk to (u!l (\U I thc following HR ll1C ;leeds for sud: elll Act h) t 11('
Pn r:ialllcn l
,L Tndlll has aiJoul 4R5'l completed large dams i'111d:n'1- ~lafli me
uncle] conSlructJOllS '·[O\VC\'cr. Jh54 dalll!> (l5()I;, c(lHlpk!(-_d
d<~lll~l have become mc)J'(; l~lHr:).!j years old, and nlxlIl' Ib"';'
dam~, hdVC become mOl"(; than 'OU years old M~llJy ()[ jlie~,('
dams, owing 1.0 the issues of dl·fern'.'d mumteW.lll(,(, or l)('call'~e
of the deSign and construclions practice!> belllg of an \;.'Irllcr
('I [), may po:-;e risk to life and sHfety of vel'V vast popula liDll
b. The ('xlsting onms h:we been cOnSI-ll1cted Will! huge
invesl mcnts 1l1cluding substmllial inve~lmcn1.s Jt1 terms of
SOCial and cllvirollmcntaL.:osJ.s_LonA-~lGJ:m~,-;u:;;'1en:·ITJ(:c~of Ihc~,e
H:;scL~ if' vital for drawing pla!lnc'd opcrntional lWlldlls from
1hese Hs;-;cls
(' Mun), of the dam::. would have mft'r stat,' fumiflcatHl11n 111
Ll.'>(
(,j ,w!unl Im!ure or perceived lh!(:nl~, ot Jmlufl' (c g (;H," "I
iVhlli:J I'r"!)'n: dUIn, Moll" .-j,ltn ,l!';,">lu !,'iC)() to .:';,\);)(1 ))'.I)pl('j
i,l Hl)~)Cll(I'01 SI;!!Ulor_y HITHngcllJ("IJ(, Ihe III {('rn;l [Ir Ill('
r1U\\ 11S11('.'lll s(llIe~ ('wlIl()l lJl' i:>1l1eguaJ<i, d Tltl!:> Ill<l\ 1'1'1,,1,'; I'l'()
lIJ~( r~l(If!' ('t)fllh('!~ fI~~ \J,¥(' I1 .J:, JIll It(l~~( III It tllH:,'lllf 111 (I
Ii 111,( Idl I 11('1 \'('p'lt'n~'
I \
{ I
I II I
\ l~j\,
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Page 17 of85
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[File No 21/2/2014- BM}
Government of India
(1Ig,1 :1',,1111))" f,Il(: ~'~dll()tl.tl ('01l11J'11L· lin 1);-111) S~11\'I\ il;,'; h( 1"'1
'rl:::l!!lj(HI~,h (ndC'(l$'r111t~, 1(1 ll).plt"'" i l-« ,; ll~>l'y (·Olld!1J,lt ...., , f
l~\qJ)\' !..~.U:I'-, 111 th! tl)lL,,)~ly IJI)\\t..\:(} l~)r \-\,:lld {)t !lI"P'.
"IIIII'\CoJ'Y prc1\'.~'l()IJf;, !Ullt:IJUlllng ,;J 1IlL;"I , lillilll.:, I:, IlillII( d I"
ad\I'<)I\ lok wu lun r dll~' (;IP;Wil\' ')' <'111"1('I:nl':nl (,r '.II",

.u lv I( ('
',' 'c jll'(J'vJ".l(lllC; 1)1 Illl' p"(>jl(l~( (i ih: l i.-m ~)<li( Lv f\( I wi]. 11,\'1 tu
(lllP(J$'( nt
1 1'11< of ihc ua m :,Hf( 1\ in stn uuonal C;c[-tl!);; 1:1 bot. I
11'(' 1'( 11l!T and t:!l' SILilCf: and If' nis() cxpcckt\ L) lit 1]\ ti'
',ldll,hrc!i/lllV 'lil(l il'lj)J{)\'IUgt h,: clWII :wfr'l), prnci iccs
.2 (1 II"]" Ihall tile al)O\(' nu-nuonodll,~cd:" it 1I,Jf; dl~l{)('()]IJ(' lp 1:1.', Ill;I!, c'
th.u nu.nv of darns have become vr-rv old ~lnd t h,"!(' IHIVC' I ,(-I~II
1Ill;
,,:1'( ly l;ro"lull~' I"IIJ, Ihl'li1 T1:'_' CUlIl:\! (lO\Cnlli:1 I'll 11<1:,uud«: t nk c.:
\AI,\rld Ilnilk Projcc.l s. whu.h shows u« t:X1C11t u! ~;trenglh, I)I'I:~
" '!ldl I,d I,) ll)';Un, ~all-Ly ul Ill<'S( dalTI~)
J '_'11C!'C:::- Hl~(l uf l<.;C:l1101ogy In tks as World Fla:lk pro_lcI_I',

0:, lSSU,.'
v:IlI,-ll h"we: l~ndtTIDken are LngeJy dcpc-ncit'TlI un !l11Crl1<ltWllal

IJl'Cll
U) ISlll:cnl" ThiS lfnplte:, thai rl,( Central (iovcnu:lcnl ltw, \0 1111,(,
tIle IT~lpOnqlhllityfur laYlllg down norms Hnd stallch.1rds lor c'ed,\ing
Ih(' cnvl]'()ntnl'nt ;n whIch they d,IC irn);,1iementt-d
.1. 'J 11_,'

_f!rsL_il]}d ,~h(; second <iIK'UCS wlucl) J1<!Y_<;_,1!,<1\2.Ll__Ii-~~Q(L ~or !X!)
,~t::' :\~Jl()\~~
C()ll~,](l('nj_L~,S~l:~r~
(1) Whl.'llwr It would he legally and C'onst,tutionaily v,,!lid to
CI1131:1 Inv,' O() Dam Silfel y bv excrcimng power C(Jr:.lcI I cd
,;
uncer !\r~lck 2,16 of ,he Constllu1iol\ wiLhon1 hcWlJ1!\ ,\

SpeClll( El'try Gillie r \lndel LI:;;LI or Ll~.t Tl ()j IIll' Sevf'l'tL
Sd11:duic of the COIlsLlllltlOll, DR
(Ii) \ly'hctrll~r II would legally and coni;tilllllonally !)l'l'mlS~lhlt, ;<)
en,h:l such law by (,XCl'l'ISlllg power cOllfe1Tc--dul~dcr l\111clc
2'1(') rend wIlh Enlry ~6 and 1:<:utIy 9'[ 01 the Sevent],
Schedule of llle CunstItutlon,
~) Arl1(:k 24(, o( L!Je Constilution l'C'ads as ulldcl'"
Anicle 246
:)/j(, SLll~/e('! moiler oj /ClUJ:; 7l!w/e /).11 I'm iJ(/fTi{,lll (lnd In/ Ii:(
l.",,i:-../(,li/)< ," ,It ':il(11CS
(1 J lV()ilt)nhs1unth}t~! f1Jl]lfi)llltl UI t'lliU~'-~C'-) r~') (Jut! (~~) P((.lhUII't>Pl j'(-i-)
(\clu.sHil' J'Ul(tl>1 t{) HIUk(' /(nu:-> 1I,tllL nlsJ)(~('{ to (Uti! uJ tile ll,d:U'I::>
:'li1l1n("(ltt~(1 In fA~t { 111 the )()'(P('lttJi Sct;eclli/£- (!iI til!'. C\I/I,',{.lf(/I')ll
1( .. ;n/n"/I(, (If; rf'J T'/I~" l,·-Ii

I '
( ','I
It,
d~J'"
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Page 18 of85
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[File No 21/2/2014- BM]
Government of India
i '} IVulli ttl! .((~/l//;Il(l Ui)!ltlllll.(! III cluu:», (:). jJO/!"lllU'UI, ,I":i :.;dJit c;
I" clnu-« I/}, fI'l' Le,(llsirA/1Ut-' oj (lilY SIOlf (.I/S(I, lu u» 1)(1/(1('1 to 1110/"
lau»: (Alii}: U"t~/)(J('t Ip any of the rnutrcr» (';1111/11'r(t-!()(1 !II lAS! 11/ 01 t l«
~":("'(11dll ,<,,( her/di< [in ttu». Connntutu», rclc-t n «! it. c.: /hc ('C,/;(.'JlhJf,f
iJt,)/}
(.:!) SVi)j,'('1 /0 I /({W'O', {IJ iJ.lld (:2j, the Le':lii,iilil/l{~ ')1 II II ,'! ,';illilJ l ir,-,
t'l.<iu"w(' I)(JU"'r (0 mu/\t' laio« [ot siucl, Slul(' (II WII/ pui ! lile/('(,i
il'lfh I "SFH'CI to ({lIY o] tile manor» cm nnoratnc] //1 {,I·;I II ;'( the
Scventl; Sd!t'c/I'/(, I iI'I IIlIs Conetituiion lej"1 7(>, 1 In (I:, III!' ',','klf,
l.is:']
1·1)e(ll"iUIIII,"111 iu, . ., f'Jowe7 If) m(/ke luu», unth w",!)(~I'I u. /lII!1 1/)(,17('1
fflr (JJ'~~f !\("t~t of t'lt> terrlL!)rl.{ of lrulia no! :"ll'!udcd (u, r: '(i':~lilJ
110111)1t/1:;/(1l (lu'U tha: sud! matter u: U ITIWler I'Wllllel"nled 111 I'/('

State List
I Entry 86 of List 1 of the Seventh Schedule of the.

\' Consstixut.iou reads as under:
56 l<c[juimwl/ nnd development oj lI!LeI'SLa/e rtuet ''; and nl},'"
i/Cllleys to the extent t() 1,(Ii1ich such requlauoti and deoetopnum
uiide: the: (,011(1'0/ GJ rile UI1I()!t IS declared "if Parlu unani bu lciur I«,
J)(> expedIe1!t ill the pLlbhr mterest
.j Entry 97 of List I
97 Any other matter not ell.wnemted in i,ISI If or LISI ill including
an!:! tax /lol JTu,nfwned lTl C'lther oj those LIsis
II IB also in1portnnt at this Junclure to exLJacL En{l_Y 11 oj 1'!lC StalL

LIst (Lis { :1)
I E-ntry 1 7 of List II
'V
{Velter, t hut /,., to SO,lJ, water supplies, Irn(lC1t.lOJ"I oncl cW',CJI!:"
drmnauc and embankments, warer stOI'().!-It' Gnd tunfer pOl"('r
~,ul~,cctt() lhe pmVIswns of Emry 5(> oj Lzst I
["rom (he perusal of the notes and documents on record It h:l~; COlllt'
to my notice that conflicting views qua EntlY 1'/ of the ~tatc Lillt hm,e
been cXj)l'(':"sed lr) I he effect that Entry ) 7 01 Lls( II will Hct as ;!
hindruncc for fhf' Parliament to legislate on the mallcr:-, oj Darll
Sali~Ly. 1'h(' document:; on record ~!Jow tlwt, although j';nlry 17 dOl':"
lit.t I11Cllti(l(1 (lit· "\\lI)1"(1'dam' but the words 'wnleT ('lJlh:lllkl;'Wlll',
\\01\('[ sj,»nge 1m.! 'wnL,]" power' imply 10 b(- ',imll'
'1'1'1' 11uI"0\, ~'\Llprt'[ll': u)llrl [!J {IJL (':.1;>(' of Cauvery ~1/a.L('rt>iSPHlcf.

1't'ilJun{tl ] 993 SllPP (1) see
96 has held ,,<; llndl]'
,'m(l ;':> "'\/1 ('\(/1l1i1'(II;ol1 of/)otil 1(1<-' Ent"""..,.. "I,Oil" til(lI lil(' ,<;1'11,'
SECRET
Page 19 of85
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[FIle No 21/2/2014- BM] )
Government of India
and Ganga RejuvenatIon
1'1I111(l!i'~!,S. t'I;~ Ow r;OII/lo/ ClI" I it«: l"('Ill/fallOli aurl df'l'r::iopl(I( III "f
lIU' IJl{lIJ ,...{tau: riper luulei"'; ~~/l'ndl'l liP! Jl(11'(' l)een iflJ(en ouel })1/li!I'
11/11'1Il fl/LII '<;"';"Ildly. til(' S!Ul(' ('(I,IIWil'(lSS leYI~,"awJl LI'11h 1"«"1)"(':
(0 oruJ!(;'{':l1if{ (lIIlI (.l~~Jl{lf'l (;j Ii" U'(IICi,') J;e.tJond lt~; tcn itout.
I'h, <11)1)\'(; Dl<;llIH.n('d (.'<'1,." JjJ"Ll~; II c]1:,\f t hat Ibe ,,(:,1(' ,',)llll(,1
lr';~)';b\(; 1"O\!(Jn<i n s Il rril()1'IC", MUJ()r:l,Y oj I he d.un s U1 '1:.(' C0L1:1U'V
:_1.'" (i( J()~~~ Illit,!!.liltt' rrvc-r-, nnt' t hr Issue 01 Dam Safety 1)t,'111g na n
11;(11:1. Pl())JI);':ClI~;UII: olll~ 'Ill' !J,ts:,cd 1)\' th« Uiuou (;\lVC'Jllr;t:lll
~; 1\ CIll):.IIililJUll bcncl ,)j (IK Jhm'l)lt- Silpn~l[ll~ ('ourt hus Iwld II

l'Cfleruiion oj Hotel &, R,!st.aH(Cwt il!:iSoGin,t-io1l of India, etc., os,
Onion of India (1984) ;J sec 634
}JWO '(q "It SI.'ClIlb el]wllly clcllr that
nnd. /Pflls/mlOrt of til('111(' ]lith
1980 Ikl IS, (L <, J traceable [.0 Entry 82 o]
held }..Iy Venicufachc,/iah,
IAS( I ]'1 U7.tC17m~WLg the' S(;OPI! of rile lE'gi<::iatiiJe entries in the t hrer
Il..,fs 11,(, have to keep 111 mj'ld thai, iuhile ()1t the one harul, Ii IS
desirabte thur cuch r;ntl,l/ 1I1 CCich of lite lists stiouul receij)(; !lL('
hrotulest 1I11e(jJreLatwlL, H is eql1Cllly imp01-tant. 011 the oiucr, [hal
Oil? rluY::e lt~ts slwuZ(! 1:;" lead togc[11er (md harmoniously QY.[
5l11c!ltl.g].LW(lS cIrg,l~!n tu _!jQJ7te of the eutrj._es ill J.,tsClLJ.21'11,i;'(l_,stlQW
I hat the ie9!~latll/" J2Q!.<Ii?r !71 l:c;;:!R,{'ct 1hereof' are to be Ax€[s;.ised
SllbJe~:Ltn the pOwtm;_QI P(Jr/wment em~i§g.iJ.~gLf!14'2r LtSt_L_YIdf'
l~Tl.lry_.JVos, 2, J,L_22 , 23. 21, 26. 2'(,_J4.,_:XL.flJl[l 50, ,(here 15 W!
lioubU(!,f4,JI/t:!Sf? entn~§ 11(l1)e to be re,ad sub{ect to the e1LtrJ(~s_Qj
LisL1.J£1}ici?_/:((Wfl, bf.:.?I!.......!lliilllH!.l!efLS2T,_iL!f-, l?_01J)ers of Parl!rLmel~t
wn-eq 10 ti]er®L TfW::3fi:.. however w§ Instances of entnf,§ Why);!
(in t}-!~1J_:)jS,UJd..!.f111YJ:LgSlf.,__CJJr: CQI ~r_r9l(efl blL c1J.tJ:iti.§ m Li?l,L,·,,· '
. [/eT!('eLy, (I matlel' ID,J;.9J.!f.!.£'lLl2!Llln }':ntrY_JllIh?_l.!rlt()!1_Lts~:,lW
mstrictiOl).§.lXJ.!1 be r.!:t_a(~J.nfo H,I' pOl,Vel' or Parllan1(mU.Q_JIJakE'_ luW~'
m.l.f-qmd rherefO ...111i~J2_:~uLill',95 the l/enero,l poUter o( legl~CmQ!l
!~_com:enwd '
9, am ot the view thnt Entry 17 o! State Ust does not ::lCt. Uh Hll
ernburgo for the Unioll to legIslate on the issue of Dam Safety, li:nlry
1'( SpeClrl('Hlly proYirles that the pr(wlsioTis of Ole Entry are sub,wct to
the Prov.siOll'3 ()f l<;ntlY !:>601 Ll~,l l. While Entry 56 of list I pr()vi(k~s
for the cellll:r (p kgislnlt· on the 1",,1\"" nf r,'r,1.1I~\tionand devl'lopnwnl
of 1111('r-SlHtl.'ITvcrs alld rivt'r valleys, the' Entry als!) c,xprcl:lsly
CIlVlt,agc:o lhat J'::whalUC'lll lia~: 111<'POWl'] to declare tb(' law IC) \)e
(":1'('(1ll'111 11, IHlhit, 111$'1(".1 'j'[Il'll'fllJ" CUI!I) ;1 plHill 1'(',1(\'11)' it ,;
UIlI!.:l ,,\,,(ltl [lid: I':llll,\'1 i 1'>lIlilt! "" 1.1 jn l'lltn' :'~"
10 i\lhllllllll,,11) FJllt:, Su f',lYl'b III< LJllioll Ilw P('\V"j (lJ l)ndiHdlllll 1(1
t" Lu' lL~ L,\~ i.' :h iii P1i dLI lld( I, oL \:. "".1J 1Jl .• ~ l Ik. lilt III 'II()~"'" '
(u)
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[File No 21/2/2014- BM]
Government of India
(11,','lnJ';T'I ,;{'('j.,:, ::' :" il')\-,'II 1'1lHkI1l,'''; /,,1" d; ,)1 " I;' t v '1');;'. I, II";
J'('slllc1cd to ,-J pa.r« ul.u rtvi.r, a p.u ucului !)rc~Jl'cl o: a l-'~I.-l!,-ul:.11 d,'fJ!
I' 1)<1<' :,J1 IC,l< l,llll', 1IIIpJtt :)I)O!Ic. lor dmll:; :,110:·', t lu I"~I)?I') dllil
Lrcddlil of lhl' "(,111)11, 'I'h: ',{ i~lJlcle-!Jt1t~:; \\111 ;',' 1\'1 I" ,ll, riP lIIiI1II1U""
1<:1 u ll '1,1111Pl,'W"I:, i ()()i, II,!', 1-1' th' wide l'IPldll <"I))IIIYIlf till:; 1·,;r'I'()C;t'd
lcglbllltH!1l "nrl Ih,. ;<1('1t h.u Ii St'lLs :$ r-, nl
;_Iddlt :;:', ;,(lJll' J]lllli; 111«i
par.-Inrha intci c-n, lL \.\11; (Jill)' 1)(' nv-hi 101 the UIIICl') to lq:ISl;]\t: .1'1 lit,'
ssur.c '1'1111-, \V()lilci III 111.\' cOI1!->ldt'ICd 0J,:'JIOJI Llll wrtl iiu Ill"
COlI' ;llt 1.11IO! W I Illt'( il,IlII:;lll
J 1, The J,)i;l)il'~H:'.(;!,· .: angh- ;,'"i! IC'ijJt ct io J',LLiY ~," O[ U,I, iJll)ti.\ 'ir.
<llid Ent t v ,Ii ! 'i 'II I h' ~~1af(' h~,1 tl:Hl lx-cn r Clltdll(OI Hii'd h,' t h-: S;! PI< 'lJ'('
Court 111 the alim'Clllt'P t tOl n-c' i c Cauuerij water disputes t.riburial
(Supr-a) cn:-;c ru lei it WI\:, hc ld w, under.
Pam 5:1" '1'1 te (o/Yipe1enGI-' of thr:> .sf af e ie(.lts/alll re III res, )(;'ct of
lI1.ter-State T1l'e;' wuieu; IS, however. dellvcleci /)Ij the ParlUlmert!w y
leglslatlOIl Old,} I() (I,e ('>((eI11 to lIJhw/t (h(' 1(/(1('1' /eYl-';/oIWl1 o('r'UjJlCS
the Jzeld (IncZ 'lI) more" and only If the P(/r//(/Hlf'71tIlI'Y legls/ottoll lYL
questzol1 dedllres OWl If Ie cO/wol vJ llie regulati()11 (//1(1

delJe/oprnelit (If Lilt·' ",!er-Srutl? river$ und nll(') t1alleys i$ e,'pecllem
in tile jJUhlir 1I1tere<:;t, (Inri not othen,lJ1sc, In other words, if n
lef)islaLiul' !s made wi-uch fails to make thl? SaId declal'Cllwn zt
would ItOI u.j]ect tile [Jowers of the State to make leyis/ailOl1 i, 1
respect of inle' -.slute rwei Ll'aier under Entry 1'1. "
12.At thlsjllnclll:'j" I~ IS abo Important to reprocllwe th('~ Order of 1l:~

Supreme COUll iu the caSf' oj In Re: NetworkinB uf N.ive,.s- 2012 (3)
SCALE 74, WI1t:'l(" (lie !"uprerne Courl whilE' dlc,(;UbS:j:g lb~ <;copeof
in I Gl' ·lmking oj nvers held [IS ileneI'
Paru 351, "Thl~ lYCAEN report, wah $Ulllf' S!yw/!ccmce, no/'ced

thai until ~!O03-0'i) II was only in jC)71r years that Ihe P-lXlY1omy
grew at more than ~ pl?7 cent pel' annum EClcfl o[ tlwse years
coincided wzth uery high rate a/growth in the agriculWru/ sector.
III contra~l, industry (mu sellJices sectors Iw,ue, at best, pulled
up the Gro..,~ DOlllestic Product (GJ)P) yrowlfl to 7.3 per CCI'I[ peT
allnum when tl,m-e was no signUicant GOILU1];utlon {mill the
(![11icullUra/ sector, Tlw report c[f'ar1u o/mre.'i that interi!l!kmy of
rever proj('rtE' Will pnwt? ./1111tfulli)r tht? na/u)7I (l<; (I wilO/(, (111(/
wuuld serve n yrt'uler purpose l!_ljallolUiI1g hlghrr retllrns {rom
f he aynclllfw (// ,',edc)/ jor the benefit (~rtile C!ntire eCOTlO1rt!l,Till:,
t_L_'(~~{jfi (l/SU It:sUl' III I>' .)i '!~l!l]!LoL Il!J!,/rrl !Wllej:lS ilk I" ('0111 '!I!_ (:f
Jl(!Q.i!;,~.l!r_OlJ'!{lfllJ ll.~(~Lf:.lI() ~1!,{~!J.yh_I:l)lt~l!f'0lu!us, 1,1'ol'icltllfl W(!lccr
!() U/(l[£wr{!(1I1_ul (J!flwtl!l_l)/c,d /(lI1,d (1/1(/ ("1'<_?11P()W!?I {j()'IClci!1PII
Jlc:w/{','; flIPluril"1 10 ti" })('II('(11 Ii/ /I" "()1('lfl'i, ,( wilt ilL" ju //i
/\
/[1)
~Nl
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[File No 21/2/2014- BM} )
Government of India
lJ~(~/'t.\I~LdLl~ :_ld\l N.t.J}(I[ {IC (jtfl~I_.'~/ullin/!~1 ;'i'L'..!l.." rrdC:11l/1f()i/(I/
rolL i!!Jl!pr/(Qlrhl,_!/If'D (lls{)l~Q!!!J_mit to ({.lit!!' 11'1/)('71"1",111'('[ or

l/~leJ(l:.!:_L-;'lPfl oj duer[ ..!__ J.l_ 111.011
I ~: }{':,tllf_~!!.' _!_~dU!_{L'}Ji ~)f ..om,
(J,,;,:!.'!J.:_>e,s_ (lt~_l() t/I< .,?l!.!JJ)!lj of S(lj_r _{II OIi\('I('/ ")(/1('( (llId it» ',',
~'.!:1Jl_1 (A_U L ",ut (n .uu: plJ!.:.<:.j_~'1. _ij_uIIlU: iJ.!..!L
The Court al~;o nusr-rvr c! .h.n
Ptnc: 5:? ''Fk ll ia: us 1{ FUll], I(le hlll'e n() 1L1~sij(/il()/1 III {lIN;,'r(l(II,!
!I iat 1he Llql/(_)J_I(,liJLu.ere,<;i 'EWiL Irtl,,-~~ l?rf_re(l~:I!J_,!~ouc: U l!" unct cs-t of
I/'l(.~mc/LLj(i1,wi Sii!l£~ r.L'iJ.'J~/(I!E'(;2_(!f!_ljlllllmt, WI' CX.II('('le(ll~1 I'WII'
II{illQIwum_'hltlJi{;...!£!.Jj, (1 ~L/('!J_ll:L<..~l_~n~('UJ'lty,n,I~l_(JlI([I!IU UI1(! .'v.)_~(li oj

X~J_ ft{L_!.)~(~!~:.};1
~,e1~[1l{,(.)~ .uul: f:.rj2coh.l(jfl_.~Ji!J(':"~·ll()JL: J[~U_1:L~r('sll.Jt__PI
W5'9!_~1 J,m 1'LL-IJ,Qi 911l'1 fJ2_1he_ 1~fl.lIJ)_Ij!'Q!JJ'IJ SLutf:~ &.!:!.l u!-\(l i(LJll~'
1! CitWIJ.....Y(jQ_lge n
13, I i(,fjC(-, t hc Dam Safe! y legIslation Lcing a kf!,j~lr'~l(Jll jYl l'Hl1()J1H I

IIIt.crr st will provide for lnyuu; (',lllddlllGS for Dam s,l[dy throughout
l he country and as the Supreme Co: trt has categorically ouscr vcd in
mt cr- lm ;{ing of nVCI8 cusc that lilt'
Slat(; Goverurru-u la arc \.() VI,:W nauouul problems wuu greater
objcc.uvity. E<.!Gl'(>, t!lC Dam SaklY Bill shodcl bl wt'komcd \.\'[1.11
positlVc spIl'il from the Sratc (.lovcl'nments '1':1(; C(lurt h1.1:-' lib!)
obscn'cd that illlel'-lmkmg of eyers Will PIO"1C!r: f()J' l.ll:rtdlts like
aVOldmg floods, droughl~ amongst olllers It IS llecctcm, to "il} tha t
inl er ·Iink:ng of rivers I::; not possible wiLhout buildiLg daws Hnu Un lS
shoulo be brought bv the Veion due 10 the large nntional llll.(:n-sl,
14. Ii IS 3,lso 1I11portclllt lu CllI: the Juclg,nent of the Suprt'nlG Court ill the
Ca5c of Centre lor Envir'onmental I,aw, WW.F-I1J,<; Union of In-1/a
(2013) 8 sec 234, wherein tl)!' Court 5peclfH ll'ly held lL:d ~latt' 15 the
cLlstocilan of natural rt;sourCt'S Ilk.: w<lt(;r, ~,('U, all, dc, The COUI L
observed as follows:
Pam '-IB, ('/l, tide 21 uJ the COIIStitlitiol'l oj lndw ]J,Olects Hot o71i!i
the hllman nghts but 111~;ocast."! WI o/)l!gatwn Oil lnwwn beings w
protect and presenlf' () sperie becoming extmci, conservation Clnd
protection of elLllll'Onmenlis un ;nsepamble puri dghi to life, (~r
In M. C. Mehtu 11 Kamal Nath QlLcl Ol.'i (1 9(7) ] sec: 3li8, t h.is
Cow-t c:!TlI.IILcwtecl the doc/nne of 'lJ1ll)Zi('tn/st', tht! thrust oJ'tl1m
theory is {/'tat eel/mil £Ql"I1mQ.'_t Id!'()!l('rlie~_El.i.dl w'_LlEeni.t [;(,q~I_W.t:.~.
f!)/Ii:'jJ.~;Jl']ci J/JLmLJJJ:1j hel(U!JJ_llt(_LCio_i)el?'![ll£~ll_UIJ JnJSff£~~!)J[if()r
!lJ..f' he t5 [{fL(!. l~Tl_'.Illjl('Jl'd._lI~;_~'_ or
til'· !/""lel(lI f'll/)il(' The re'.'!!/Il-('c"';
~l:\_r of,: __
}('CL. luutelS (lH(/ the I",_('.':t":J_iH{V( '~lU'Jt {i '_]u'uL:!.liH)o,lcill, !-
!_ll .lhC_J~t:(~lill-'.l:!"~_CJ_Iy!,()I(\ 1.[1(1/ _[L!!,!_~Wl(i IJe 1~)II._!,!U!__lI1t/lli>!lji(olLL~)

!!1!!JrC ilk"lI, I! _~!ul)_/('(:f (JJ /1I!.',;!1{{' (l1['nr·':"}'!JI. Tilt' Slute, (/'-
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[FIle No 21/2/2014- BM]
Government of lndra
Mimstry of Water Resources, RIver Development
II.of JnOr('!!) jru. til:"'_ !)r;l(_i~l_ (If 1/1(1 J)l{~llt(, I'iff it I ~ll:: '_'r\./~ 1_lI{(:I' ».t r).~
j1i!_I_I,I__l111.c:I I(l~~!!!I).,.!I!.!ldjjjL_fJIJd ,',f) (ill, J!,c:.il()(J!IIL~~_l2i_.J~ul)!ILIT/l,-I
I!u,<., lO be orlrll_r',0:"Wf,IYl_ljlf1IlNn_'pe.<.:LI1)(, "
,1)1 ruv t'U,1':ac1t:1Td opiruon t lu- l,IJlt.ll'l gr)\':-r'IDVlll h;I~' tilt' I'{'\\'" L,
kgi,,).{ll' ill! t {II' 'dill,'! S(lrf·t~' '~JlI' (\)1'](.-1'1 cour s,« ol ;I( 1><)'1 Inl
iu- ..,lIh.J':ct
IlllJlglllg lllls lcr,islnlJOII would be, hy ('XC"lC!;1I1(!,11)(' IlC)\'v{:l cOlll"rrcd
undci Article .24() T,'fld with Entry Sf> ;-md l':nlr,~' t) / of Li~t 1 01 t/;.,
St'vt'lllh Schr-rh ilr: or [he Cousutm ron J\1!It\lIlf~i' i)w 1);11CJl lem. t hc
j)()WC;' tu lq{,')h.I{' OJ! tlus subject wn hrn i h: J)()\\{'I (,()]liI'nl'd uncle r
J.Alli) ,,() of LISI [Jlli n-s lilv WOld !)nlrJ ,;,,!<-Iv h;!~,11111 !H:\ L IllC'll:l'JIH d
111Hf)V oj t hi- ('nlri(;~: 11' 111(' 111/('(' )""1':' if "'oldrl 1", !":I';1b1<' U.' 1>:1:" 1:"
CllncLtllCIlL urrdm F:1l1ry 97 along wu h 1·:lllr.\ ;,,1') I'll till' COl1";!itI111011
lCu'r), 9i ill' t hr- Consutuuou give:-, Ihe Union unhrn.ted pOWCJ L'l
.cgislatc OIl .mv is-su« not mentioned anv ()~Ihe Ihre(' hGrn Pll',sing llJ('
:,cud cnaclrm:n L undf'r nus Ell11~\'\-VI]J lm:lg I non. elm II y
(ui)8uch legmlaliol, be passed !J) invoktng POWCTScOlllcrr(.d :.mdcl

Art icle ::!52 of the cons1'I1\.Ilion c011slckrlllg 11 as an l11tcr 'std I('
water Issue,
;",/,Artlcle 252 of lhe Conslitulion reads as under

252, Power of Parliament to legislat.efot' two 01' nW7'e States
by consent and adoption of such legislat.ion by any other
State
(/) If it appears LO the Legislatures of two or more Stuter, to be
desi7-able thai arL!1 of Ihe matters wah respecr to _whzch Parlzamenl
has no POLlN'- to make laws jar the States except as prouu:led III
AI-tide'S 249 cmd 2.')0 should [IE' rpgulated. ill SUell States b!J
Parlwment by law, and ij'resolutio1ls to that effect m'e passed by
all the House. oj'the /,egislnfllres of those ,states, if shall he lu.w{t.t/
fOl' Pal"liament to pass an 11ctfor regUlating that matter aceol dmyl!),
and any Act so passed shall apply to 5U(;11. Sr.ates and to 1111,11 oiltHr
State by which it is adopted ajlerwmds lJy r(!801wlOll passer] in
that behalf by the House 01~ when> thele (Ire two ]louses, I)y ('(Lei I
o{the Houses a/the Leglsiature oj tf/at State

P) An.y IIrt ,<;n [1(J,<;,<:;edhy Pnr/iClITt(;'llt If/(ill 1)(' wncll(/('G/ or rc[wnif'</
hy an lk! of Par/Wllumt pW:i«ed 01 (ul[jpu~d 111 111\"I/Wllner IJIIl '.;/wll
TlOt, os 1"(~Sp('('ls an!) State to wll1dt If ({J1plw,c>. 1)(' (1IIwlf(ir'(1 <>1'
1('1'1'(/1('<1 I,!) (III 11cl oj til! r.C'C;1.',iaT!(I,' 1)( th01 <';;(1(('
: I~;./\ 1);lll' p<Tu!-'nJ.-,j Ar1ir.k :~!,)

!1l;Ji(':, II CI(~:IIIlnll HII /$'1 P;I:,'-(d ,I)"d(',
till") nrlr('k' ShHil npply Ol\ 10 suell SlrJ(('~ "'Ill< 1: h{lVt p<-'~~~('d
jf' 1.1, ;_jdl1~. hi 11.,11 \ fk{. i)', ,.;; l~l\ iIU\,:"{,, ill III II: ,'d,III:11 111 1,1 J,',(
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[File No 21/2/2014- BM] )
Government of India
and Ganga RejuVenation
1,.1, , I. .u.:"!: ~I" :;1 \.:. (.1 ,,, ,dlllil had':'J!1 '111': \..... 1,( I' "j 1,,),\
p.I"'" (1 i. It.sull,tlCl]! 1:1 tll~:, r'·:!.,HlI\\lIidl t'll1!HhVI,'I,'dII" 1'",1;,;11,\ "~ :.)
111<1'«, itV: UllUU !\I\lcI, :2.>,) b.lI \',llll the bl!\.ucnl1()11 ,.I ;;~:.11 l); t\l'dl,I:'
l'r"r!'-',ll II 1', 'Jnl,) lll< ,;\,I\'- d V,'('~~\ I :eng:d wl'1';]\ ;,:1', Pil',SUi ~.Il('il "
II ,-,(I!lt1 IIJl
1'-1 1',\.( II Ii ..,(\:1,(' (Jlbel :;\,1[( J!""SCS su.h :1 rChulUliolL \1\(' l):llll '-,«,1'1,'
I',dl \\'ill h,II'( ElIJ]\<'d dl'pllC:il1IhIV nunnl'y I() tWO ';\n'ct; '1'11\; ;\,'1
lhell'dll.'I' 1\1;1)'
$(' "PP!\( .dlle 1(,nt hct <ll:~t(':;onlv 11Illi ut:!('J '~I:\\{~,
Pill" ~.\lI11 rl:~,()~II;lPJl

III 1;,('lJ :1:,~.(':lfd)!ll;S,
,'i) 11,'11( I" It I mv (;Ol':,I(iCI"'\ ('plll'!)ll pa~,SlLll!,

01 \he I )dlll ~;ul"I)' I~lll
,llT(I\.w,h [\rLi( k );,) will not Iulfi] the obJecLand pur\J()~e SOllg]!l to Ix
w:lill'v(:d .md will ael ~t'>,~ !Lllldr~ul('l' [or ,Jrh~f~V111g t h« bn~\c rum l,j 11w
i\l'l WlllCh l}-' provldlng Ior ]('g:Alal.ioll and selllnp, up Dillil S,d(~lY
11"l'm;, on pan lll<iw k\"l.
G9J}Q.fally
:~1 1\ lJ~As ai::;o ('0111(; :,) uot:ll' that lhe S1ate of Kerala 1:"S nirenciY pa::;..,ct!
'Tlw /(erutu lInOoiwr, apd Woter Conservation Act, :W03" Chapkr X:I
OJ th,' [\('.: conlall1R the provls10118 for eOllstltutlOn of DL,Ul Safery
!\utl)(l! 11). Tllls 1& s(j'uhrdy l'overcJ under ArlJdC 254 ll! tl1\"' llldibli
ConGTIt uLlon
2S4 of the C()i1stltUt.lO:) rends as under
l\J 11<.'1('
254'0 Inconsistency between laws made by Parliament citld
laws made by the Legislatures of States
(1) {( allY prOl)1Si01I oJ a law made by the LeULslaLure of a State is
reJ!il[JlIOIll to any pr0V1SlOl1 oj 0 law made by Par/iap/en! whIch
Parliament 15 competent to enact, or to any provisiop of (Ill C'Alst1119
lllw [.t)!TtL lespecl to one of the matiers l~I1u./Ileratt1d ;1'1 Lht~
COI1('urn-m,t LIst, riten, subject /0 the prOVISIOns uJ dm.Sc ( :! ), the
/wo made LJY Po r/ia1Jl C))Lt, whether pa...<;sed beforE' or afler the lm.v
nwde hy the Leglslatllre of sllch State, or, as the case may VI', the
eXlstmg law, shall prevail an.d lhe law made by till' Legislature uf
rhe State? shail, to Ih~extent of the repugnancy, be vmcl
(2) Where (L luw p)tlcle bll the Legislature oj GI State With resped tn
Oft(-' of the ",(liters enumerated in lhe COl1Cl11Tellt J.is£ l'ontmru; (1JI.li
pmuislOll 7(-'PllqI10111. to the provisuJlls of nil eodier lUll' lTIade by
i'(Jr/uunelll ('I 1!11 cYlsllll(j law willi re:::'j)I!I'/ II! lilLi! nll/tI,·" tll('II, tite
low so Iliode I,!} the Le~w-;l(lfllre of sllch SWIt: shall, If It /-<w, been
W",( I Pl'd j{)r Ill(' ('()f/SIlI~:j'(lTi()1l of tile Prc~'ldellt 11IliIIlU;, lI'celVcrl hl~,
u~.!,c,li, /JILl «Ii 1'1 ,}/(/I .';('1,,· }'I(lulil, '(; iii,,; ""i1I1t1:! ill lin" "1.·<1'·,
",/1(711 /)rClIf'lIt I'WI1(11/1('/1[ ,'(JIll .'I1Cl('W<f) (It Oil!_! lUIit' tilly 1,,1, WILli
II':-'!)( ('{ lP iiI(' ',(//11\' /illl!!' 1 Ill( lucllllU (L 1(~l(I (le/lilllf! I". (JlII< Il\l,'i~i,
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Government of India
:lUilfillY I~l 1'~r}e{/lpl(1 1/)(' lru» I;() nu u lv J)y n,e /'t:f!l<.)ufL',,' c.: ,fit
i-u it-:
hotncle«! thru 1l()[iu1I.U III thu: cl(II/.,!' ,,/lUII 1)1"(:'/1('7/1 Pnrlunuon ; It01/I
el'ur.1l1l() CIt any Imw aru] law II"Li, rW;/)('CL i(1 II/(' dill,'. r.u ittc r
IlIdwlmy (I /(1,((: oilclnu] ;0, UilIClltJi'lf./, (lU'.Ljnt,rf (JI tf'I'I",{i'/'fi Iii" i,-III'
.' () !>Iode 7)lj 111<" l,e[JI',!((U{lr-: of tlu: ,';!u!!'
72 1\ 11"IT pClll~"ll of Aruck. ~-2,)4 makes JI clear IJ1Dt 111 the (".\.lll (Ji'
I q)Ui:.11<l l,l,y, I<1W", made b_r Parhruucut !lhnll prevail OV(Jr 1.1'\"> runclr 1)\
01Ull' Legislatures, 10 the e-xtent (If i]IC repugnancy. The Slllle lil\\' ~,:nil
b( \ oi.. UI1jv-;S il IJ,J", J'cCC;\" d 111'" "" i j ,,( th, J'''(;~drll']'11 ~pd 1" ~:I;I'il
('r",w '"\1'1]1 T)I','vaJ] III that ;-)\:11(. J kII(:) If tl ic Uruon [('gu:-.!at.,:, ()II t l«:
1)",11\ Sill'r:lv B111. lite SLH1(' of J{(,Hll:1 will h.iv.: t(. :)IJllr'. J',~,
alorcmcn uoncd Act III liue wrt h LLc Central /\('1 or "Im[.: I,\, [!iI,
glllc1chTH's ia;<} down unrle: the Union's Dam ~jnfcly Bill.
l lcr+c , IlJ my consrdorcd opinion it will 1)(' coriatrtut ionu llv (mI' kl!:;,!1;\
valid 1(,' "ass t hc DI'Ul1 58-lety Dill bv oxcrc ising power conkn'(,r1 un(]('J
ArLllk 2'10 read v,-ltnKl:try 56 <tlld Enlry 9'/ of List J ul 1llL ~(\'<,,,1(',
Schedule of the ConslitU1.I:m.
I hewc nOlhing !ur~her in odd
~
lR:'Jlljl\ h.I.IlJlHrl
SolicJ1.or Gcnr~ralof bdlD
J::;'cP :W16
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Government of India
, 1 d Ilu I!J,-:/:U!w!.::~l~i(;
hI}!' ur.n Y ()II (1\'\1 ~' .h l~", l
I J"pnrIIIICllt 0: I c[),;1 /\fi;:ir',
~:clfll(", \11(' LiPpdl\lllen! 181wred the Ilk: 101 considcrauou legwdl110
possibilities available In t:1C Consututloll of ludia for onactmcnt of Darr
Safety HIli I P, ArtlGlE ?:i1 [nlrv 5f3 and El1try (ff 01 LI~1 I. Tile mnttci waf,
LJy lIil:, ()l-:pallnH:'I1! ann relfn od to Clm\! 01 J\gell(,Y S(~G\IOIl 101
{:)X,.V111I1,-'U
LOlhld"1 ~,.-I1),,11111 ,II Iii D' ,(;- lif 11Il. I (, Law OHI(;(1I'; 011 roliuwlnn 'S<;U')<: -
(I) WIVtill r it WQuid be I(,gnlty <.lld\,(lflSlrllltIOlldlty vdhd 10 t}lldl;~

a I,WI on nam Safety by exelcl~lny powei conferred url(iel
/\1 tiGl(; 24(j o~the Const,tutlon without haVing a specific enlry
,)ltlIUI \I1lC',!I LI~1 I or List II 01 the Sp.venth Sche:dule of the,
Constnuuon OFo{
(i \ '.'it- ti,,) II 1',<".Itl Ill- 1'"~I:Jlydnc oonsuuuionahy P<'IIPI(;,.ti)il
OJ In (';II(;() sucn Ie'''' by exet Clslrlg pOWC'1 contcncd uuuer
, 1
" "it,ele /.'l.G I IN Eiliry b6 and Lnl.y 07 of 111(>S(:v()Jllh
~;d)(';:ILilc uf lIll.; COII"lltUUOII: OR
(III) ::>.IC'I 189151atlon be passed by Invol<lng power" contenco
under ArticlE' 2~:,?Oi the consntutlon Gonsldennq il R~ an
mt-n-statc water Issue,
(rv) C;enwally
"I
2 The Lei Solicrtor General examined the matter In detail and
tendered opinion VidE: Not," 49-58/N The concluding opmion 01 Ld.
SollCltOI (JenerA I IS <'1~under -
"A bare perusal of Articl<.> 254 maRes it cleol thol 111the event of
repugnancy, laws made by Parliament sholl preVail over laws made by
State Legislatures, to the extent of the repugnancy. The State law sholl
be VOid unless it. has received the assent of the Prcsident, and in such
case, shall prevail In that State, Hence, If the Union legislates on the
Dam Safety Bill, the State of I<erala Will have to bring its
aforementioned Act 111 hne With the Central Ad or abide by Ihe
guidelines latd down under the Union's Dam SafelY Bill,
Hence, in my comldeled opinion it will be constitutionally and legally

valtd to pass the Dam Safety Bill by exercismg power confel red under
C>,\;.-jr,\'At Alticle 246 read with Entry 56 and Entry 97 of List I of the Seventh
\ " I
Scheduleof the Constttullon,"
\'t\11"'\~
3 lJefule the opinion of Ld SohCltor General is forwalded to Ministry
of Water I'(esollrces. Hive! Development ant! Gonga Rejuvenation, thp.
same IS put up for perusal of Ltl Law SecretalY
Ir/~,----
(R'Yadav)
JS & I rl
1 (l/02/20 1G
\
i ~~\'J ! 1\,t'i,\ 1111 \
'(
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Government of India
Annexure-II
DRAFT BILL WITH APPLICABILITY FOR WHOLE OF INDIA
THE DAM SAFETY BILL, 2016
ARRANGEMENT OF CLAUSES
CLAUSES
1 Short title, extent and commencement

2. Application
3 Definitions
4 Constitution of National Committee
5 Functions of National Committee
6. Meetings of National Committee.
7 Establishment of National Dam Safety Authority
8. Functions of National Dam Safety Authority
9 Officers and Employees of National Dam Safety Organisation
10. Constitution of State Committee on Dam Safety
11 Functions of State Committee
12. Meetings of State Committee.
13. Establishment of State Dam Safety Organisation
14 Officers and employees of State Dam Safety Organisation
15. Surveillance and Inspection
16. Vulnerability and hazard classification of dams.
17. Maintenance of log books
18. Records of dam failures and dam incidents.
19. Instructions of safety of specified dams.
20 Funds for maintenance and repairs
21 Technical documentation
22 Qualifications and experience of individuals responsible for safety of specified dams
23 Jurisdiction of State Dam Safety Organisation and Authonty
24 Cost of investigation
25 Construction or alteration of dams
26 Initial filling of reservoirs
27 Operation and maintenance
28 Responsibility of dam owner
29 Dam safety unit
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30 Inspection
31 Instrumentations to be installed in every specified dam
32 Establishment of hydro-meteorological station
33 Installations of seismological station
34 Obligation of owner of specified dam
35 Emergency action plan
36 Assistance to other disaster management authorities.
37 Comprehensive dam safety evaluation
38 Compulsory evaluation in certain cases
39 Reports of comprehensive evaluation
40 Punishment for obstruction, etc
41 Offences by Departments of Government
42 Offence by companies.
43. Cognizance of offences
44 Annual Report of safety status of dams
45 Safety measures in respect of dams other than specified dams
46 Safety Measures in respect of dams located outside territory ofIndia
47 Act to have overriding effect
48 Power to amend Schedules
49 Power of Central Government to give directions
50. Power of Central Government to make rules.
51 Power of State Government to make rules
52 Power to make regulations by National Committee
53 Rules and regulations to be laid before Parliament and State Legislatures
54. Power to remove difficulties
THE FIRST SCHEDillE
THE SECOND SCHEDULE.
THE THIRD SCHEDULE
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13~83S
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th.'qPlqlld\
nnoddu '8118ZRD[U!::>!J]O8lf~ U! U0!lU::>g:!~OU

Aq 'Aum lU8llIU18AOD
[U1l(8) 8lf~ SR 81UP qons uo 8::>10j O~U! 8mO::> [[Ul[S H (£)
U!puIJo 8[0l[M 8l[1 01 SPU81X8H (Z)
lll~l{[,,"I,,)W'llUtUO."'pIW
9 IOZ 'PV A18JUSmua 8lf1 P8Hu::>8q Aum PV S!lfl. ([) . I lll~l}.~ "jJll lJ,lLIS
AWNIWI13}fd
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8lf1 jo 1U8A lllU;)A;)S-AlX!S ;)1l1 U! lU8mu!pud Aq P;)PUU;) 1! 3:H
'oJ<wnp jotuepioui .!O lft!M.a.lalfJ petoeuuoo

s.teutnu .!OJ pup 2U!U01Plinj oJm .1!olfJ O.LnSUo 01 tustunqostu
/VUO!JnJlJSUl ./OJ epuuud 01 pliV SlllVP poYpods Jo oJUVUalU!1JlU -
puv uotttusdo 'uouoedsut 'oJUVmatt.ms .!OJ op!tto.ld oJ
'1'11H
9IOZ 'TIUI A~3:.iIVS WV<I 3:H~
UO!l8U8f1nf8t:l 86u88 pU8

lU8Wd018f180 J8f11"Cl'S8~JnOS8"Cl J8l8M JO AJlSIU!1I\I
81PUI to lU8WUJ8f108
[11\18 -V~oG/GnG oN a".=j]
1=1(-1:)35
l:j'if~a
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Government of India
(a) being a public sector undertaking or msutution 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
D~ltlllll('lh
3. 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
Authonty 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;
(Hi) hydro-mechanical equipment including gate, valve, hoist,

elevators,
(n~energy dissipation and river training structure; and
(v) other associated structures acting integrally with the dam or

its reservoir or reservoir rim;
National Dam Safety Authority

(d) "Authority" means the
established under section 7;
(e) "dam" means any artificial barrier and its appurtenant structure
constructed across rivers or tributaries thereof with a view to
impound or divert water and which also include barrage, weir and
similar water impounding structures but does not include-
similar water
(a) canal, aquaduct, navigation channel and
conveyance structures;
\--- (b) flood embankment, dike, guide bund and similar flow
regulatlOl1structures,
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(f) "dam failure" means any failure of the structure or failure in the
operation of a dam which may lead to uncontrolled flow of
impounded water resulting in downstream flooding, affecting the
life and property of the people and the environment including flora,
fauna and riverine ecology
Explanation -For the purposes of this clause, failure in the

operation shall mean such faulty operations of the dam which are
inconsistent with the operation and maintenance manual,
(g) "dam incident" means all such problems occurring to a dam that
have not degraded into failure, and includes-
(1) any structural damage to the dam and the appurtenant

structure;
(ti) any unusual reading of any instrument in the dam,
(Ill) any unusual seepage or leakage through the dam body,
(iv) any unusual change in the seepage or leakage regime,
(1:) any boiling or artesian condition noticed below an earth

dam,
- (VI) any sudden stoppage or unusual reduction in seepage or

leakage from the foundation or body of the dam or any of its
galleries,
(vii) any incidence of malfunctioning or inappropriate

operation of gates;
(viiT}occun-ence of flood, the peak of which exceeds the

available flood discharge capacity of the dam or seventy per
cent of the approved design flood,
(IX) occurrence of flood, which resulted in encroachment on

the available freeboard, or the approved design freeboard,
(x) any unusual erosion in the near vicinity up to five hundred

metres downstream of the spillway or waste-weir, and
(xi) any other incidence which a prudent dam engineer may

relate to dam safety concerns,
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(h) "dam safety unit" means a dam safety unit of any specified dam
referred to in section 29,
occurrence or potential
(1) "distress condition" means the
development of such conditions in the dam or appurtenance or its
reservoir or reservoir rim, which if left unattended to, may impede
the safe operation of dam for its intended benefits or may pose
serious risks to the life and property of people and the environment
including flora, fauna and riverine ecology,
permanent records including
(J) "documentation" means all
electronic records concerning investigation, design, construction,
major repair, alteration,
operation, performance, maintenance,
enlargement and safety of dams and includes design memorandum,
construction drawings, geological reports, reports of specialised
studies simulating structural and hydraulic response of the dam,
changes made in design and drawings, quality control records,
maintenance manual,
emergency action plan, operation and
instrumentation readings, inspection and testing reports, operational
reports, and dam safety review reports and other similar reports;
(k) "enlargement of dam" means any change in the scope of an

existing dam or reservoir, which raises water storage elevation or
increases the volume of water impounded by the dam;
or a State
(1)"Government" means the Central Government
Government, as the case may be,
(m) "inspection" means on-site examination of any component of a

dam and its appurtenances,
(11) "investigation" means detailed examination, analysis or scrutiny

of a specific problem pertaining to the dam and its appurtenances or
in-situ testing,
a part thereof and includes laboratory testing,
geological exploration, model testing and mathematical simulation
of the problem,
(0) "National Committee" means the National Committee on Dam

Safety constituted under section 4,
published ill the Official
(P) "notification" means a nutification
Gazette,
means elements of the use, control and
(q) "operatlOn of dam"
which may affect primarily the storage,
functioning of the dam
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release of water and the structural safety of the dam,
(1) "operation and maintenance manual" means the written

instructions that provide operation procedures, maintenance
procedures, emergency procedures and any other features necessary
for the safe operation of dam,
(s) "owner of dam" means the Central Government or a State

Government or jointly by one or more Governments or public
sector undertaking or local authority or company and any Of all of
such persons or organisations, who own, control, operate, or
maintain a specified dam,
(t) "prescribed" means prescribed by rules made by the Central

Government or, as the case may be, by the State Government,
(u) "regulations" means the regulations made by the National

Committee on Dam Safety,
(v) "remedial measures" means such structural or non-structural

measures, which may be required in relation to the dam or
appurtenance or reservoir or reservoir rim or catchment area of
reservoir for the purpose of removing or reducing the distress
condition of the dam,
(w) "reservo ir" shall mean any water spread which contains
impounded water,
(x) "specified dam" means a dam constructed before or after the

commencement of this Act, which is,-
(1) above fifteen meters in height, measured from the lowest

portion of the general foundation area to the top of dam; or
(11) between ten meters to fifteen meters in height and satisfies

at least one of the following, namely'-
(A) the length of crest is not less than five hundred metres,
or
(B) the capacity of the reservoir formed by the dam is not
less than one million cubic metres, or
(C) the maximum flood discharge dealt with by the dam is

not less than two thousand cubic meters per second, or
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(D) the dam has specially difficult foundation problems, or
(E) the dam is of unusual design,
(y) "State Committee" means the State Committee on Dam Safety

constituted under sub-section (1) of section 1O,
(z) "State Dam Safety Organisation" means the State Dam Safety
Organisation establishedundersection 13; and
(za)"vulnerability and hazard classification" means the system or

systems of classifying dams on the basis of their condition, location,
damage or hazard potential
CHAPTER II
NATIONALCOMMTfTEEONDAMSAFETY
Constitution of
4. (I) With effect from such date as the Central Government National
may, by notification, appoint, there shall be constituted, for the Comnuttee
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 Chairperson, 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 having adequate qualification and experience in dealing
with matters relating to dam engineering or dam safely, 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 nominated by the Central Government
-Membels
(2) The National Committee shall be constituted withm a period of
sixty days from the date of commencement of this Act, and shall be
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reconstituted for every three years thereafter

J. UIl('tJ 011" Co I
5.(1) The National Committee shall discharge the functions as '\.:"1Ih)11<11
may be necessary to evolve policy, guidelines, standards and their (. o m nu t t c c
revision for proper surveillance, inspection, operation and

maintenance of every specified dam specified in the FIrst Schedule
(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 mformation collected or generated by the

National Committee shall be disseminated to all stakeholders by the
Authonty in the form of guidelines, standards, manuals and other
publications for the purposes of enhancing awareness and achieving
uniform standards in dam safety practices.
Mc ct m gs of 6. (1) The National Committee shall meet at such times and

:\ at i on a l
Co mnutt e e 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
Provided that the National Committee shall meet at least twice

in a year and at least 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 travelling allowance, dearness

allowance and other incidental expenses of the Chairperson and the
members referred in clauses (a) to (d) ofsub-section (1) of section 4
and of the representatives and other experts under sub-section (2) to
attend the meetings of the National Committee shall be in such
manner as may be prescribed
CHAPTER III
NATIONAL DAM SAFETY AUTHORITY
7. (1) With effect from such date as the Central Government I' st.ihlr-luucnt or
'\fltl\)1wl D:l111
may by notification, appoint, there shall be established for the :-;,tfdl .\uIII"11i1
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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 from amongst the persons
of ability, integrity and standing 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
Funcn ons ot
8.(J)The Authority shall discharge such functions as may be '\ atioual Dam
necessary to implement the policy, guidelines and standards Safety
evolved by the National Committee for proper surveillance,

inspection and maintenance of specified dams specified in the
Second Schedule
(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 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.
Ot f'i C~I S 9. (1) The Central Government shall, for the purpose of
Emp l oy c c s or enabling the Authority to perform functions under this Act, provide
.vu t ho r r t v
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 111 the field of safety of dams
including dam-design, hydro-mechanical engineering, hydrology,
geo-technical investigation, instrumentation, dam-rehabilitation or
such other field as may be prescribed by the Central Government
(2) The functions, powers, terms and conditions of service of
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the officers and other employees appointed under sub-section (1)

shall be such as may be prescribed by the Central Government
CHAPTER IV
STATECOMMITTEEONDAMSAFETY
Consutuuon ,,1 1O. (1) With effect from such date as the State Government
~I,lk Comnurt ce
011 Dam Safetv
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 Water

Resource Department or Irrigation Department or Public Works
Department of the State - Chairperson, ex-offtcto;
(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 - Members, ex-offtcto;
(c) the Chief Engineer or equivalent level nominee of each such

upstream States in cases where reservoir area of any of the specified
dam of the State extends to another State - Members, ex-officio;
(d) the Chief Engineer or equivalent level nominee of each such

downstream State in cases where flood release of any of the
specified dam of the State flows to a neighboring State
- Members, ex-offtcto;
(e) One representative of the Central Water Commission in the rank
of Director to be nominated by the Chairman, Central Water
Commission - Member, ex-officio;
(f) experts in the field of hydrology or dam designs, not exceeding

two, from premier engineering institutes of the State-
members, ex-officio;
and
(g) specialists in the field of dam safety and allied fields not
exceeding two in number and not belonging to the State or the
bordering States, as nominated by the State Govemment
- Members
(2) The State Committee shall be constituted within a period of

hundred and eighty days from the date of commencement of this
Act, and reconstituted for every three years thereafter
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- -
l\l11-.lllIn, (,I
11.(1) The State Committee shall discharge such functions as ~tdh..
may be necessai Y 10 ensure proper surveillance, inspection, Commutv.
operation and maintenance of dams for achieving satisfactory level

of safety assurance of all specified dams in that State as per the
guidelines, standards and other directions on dam safety issued by
the National Dam Safety Authority and specified in the Third
Schedule.
(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
;"k~tl1lg' 01St.rte
12.(1) The State Committee shall meet at such times and places Comnntrc e
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 at least twice in a
year and at least one meeting shall be held before the onset of the
monsoon season
(2) The State Committee may invite the representative ofthe 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 travelling allowance, dearness

allowance and other incidental expenses to attend the meeting by
the ex officio members and the invitee representatives of the owners
of dam shall be borne by their concerned controlling authorities or
organisations
(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
Government
CHAPTER V
STATE DAM SAFETYORGANISATION
rqal'I"lllIICllt 13.(1)The State Government shall, for the purposes of this Act,
ol\1.IIC
J).IIllS,d..:l v(), f!.lnl~ by notification, establish in its Water Resource Department or
anon Irrigation Department or Public Works Department or a department
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-- ~- - ---
deahng with the matter relating to water resources, a separate
organisation, to be known as the State Dam Safety Orgamsation,
within a period of hundred and eighty days from the date of
commencement of this Act-
Provided that in States having more than twenty 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 highest engineering or technical authority of the State
Government dealing with the matters relating to water resources
(3) The organisational structure and work procedures of the State

Dam Safety Organisation shall be such as may be prescribed by the
State Government.
(4)The administrative and other expenses of the State Dam Safety

Organisanon shall be borne by the respective State Government
Officer < and 14.(1) The State Government shall, having regard to the
ernplov e cs of
State Dam Safetv number of specified dams in that State, provide such number of
Orgamsauou 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 111 the field of safety of dams
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
CHAPTER V]
DUTIESAND FUNCTIONS
IN RELATION
TOSAFETYOFDAMS
15.(1) Every State Dam Safety Organisation shal1,- Survcillnnce

ond
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In'r\.\.\H)1l
(a) keep perpetual surveillance,

(h) 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 the
guidelines, standards and other directions on dam safety in
accordance with the regulations to be made under this Act
(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
enlargement of dams, reservoirs and appurtenances under their
jurisdiction
Vulnernbrlity
16. The State Dam Safety Organisation shall classify each dam and hazard
under their jurisdiction as per the vulnerability and hazard clns ...ificatron of
dams
classification criteria in accordance with the regulations made under
this Act.
)'I,llOI<I1,IO';;" ll[
17. (1) Every State Dam Safety Organisation shall maintain a l o g books
log book or data-base for each specified dam under their
jurisdiction recording therein all activities related to the surveillance
and inspection and all important events related to the dam safety
and with such details and in such form as may be specified by
regulations
(2) Every State Dam Safety Organisation shall furnish all such
information to the Authority as and when required by them
R~ ...~{\rd<., ot darn 18.(1) Every State Dam Safety Organisation shall report the event
t(l1JII res and 0,1Ill
mcrdcni- of any dam failure under their jurisdiction to the Authonty, 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 then
jurisdiction, and furnish all such information to the Authority as and
when required by them
11l....1111dH'1l'J
19.(1) Every State Dam Safety Organisation shall render Its
1..'I1....r·j...I\\lf
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advice 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 specified dam shall comply with the instructions
issued by the State Dam Safety Organisationwith regard to safety or
remedial measures in relation to any dam owned by it
Fundsror 20.Every owner of specified dam shall earmark sufficient and

mauucnance
andi cpau s
specific funds for maintenance and repairs of the specified dams
and to implement the recommendations of the State Dam Safety
Organisation.
Tee hmcal 21.(1) Every owner of specified dam shall compile all
documentatton
technical documentations concerning hydrology, dam foundation,
structural engineering of dam, watershed upstream of dam, and
nature or use ofland 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 failure of the dam
(2) Every owner of 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 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
Qualificauons 22. Every individual responsible for safety of specified dams

and expet renee
of mdivrduals and all activities related thereto shall possess such qualifications
responsible and experience and shall undergo such training as may be specified
Ioisafetv of
specified darns by regulations.
lunsdrcuon of
23.(1) Without prejudice to the provisions of this Act, all SIUl~ Dam Safety
specified dams, shall fall under the jurisdiction of the State Dam Orgamxatrou and
Authorrtv
Safety Organisation of the State in which dam is situated in matters
relating to dam inspections, analysis of information, 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 extended over one or

more States, then, the Authority shall be construed as the State Dam
Safety Organisation for the purpose of this Act
(2) The authorised representative of the Authonty or concerned
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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 dams being found to be endangered 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 dam owner 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
Cost ol
24. All the costs to be incurred by the Authority or State Dam mvesugatron
Safety Organisation on any form of investigation done including
payment given to any consultant or expert, shall be borne by the
owner of the dam.
Conxrrucuon UJ
25.(1) Any construction or alteration of a specified clam shall
altcr auon ot darns
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 dam, make use
of the relevant standard codes and guidelines of the Bureau of
L.__ ---'_l_n_d_ia_n_~tandards,
and furnish the reasons, if any departure IS made
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in the design or dam safety evaluation
(3) Every agency referred to in sub-section (1) shall for the

purpose ofinvestigation, design and construction employ such
qualified, experienced and competent engineers, as may be
specified by 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 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 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.
Inrtral iiihng of 26.(1) Before initial filling of any reservoir of a specified dam,
reservoirs
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
appurtenances.
(2) Before initial filling of the reservoir is taken up, the State
Dam Safety Organisation shall inspect or cause to be inspected the
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
Opcrauon and
27.(1) Every owner of the specified dam shall provide mamt ..m.nu e
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
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28. Nothing contained In this Act shall be construed to absolve dam owuc:
an owner of a dam of the duties, obhgations or liabilities incidental
to the construction, operation, maintenance and supervision of the
dam or reservoir
CHAPTER VII
SAFETY,INSPECTIONAND DATACOLLECTION
D~I111..;\1':;1\ IUHf
29. 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
lnspecuon
30.(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 dam by
the dam safety unit, during and after every flood, earthquake or any
other natural or man-made calamities, and if any sign of distress or
unusual behaviour is noticed in the dam, appurtenance or reservoir
nm
(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-listsas may bespecified by 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 repoI1 by the dam safety unit to the

State Dam Safety Organisation, which shall analyse the report
and submit comments on the deficiency and remedial
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measures, if any, to the dam owner
lnsu umcntations to 31. (1) Every owner of a specified dam shall have a minimum
h~ installed III
:;!'\('I ;;. specified number of such instrumentations at each dam, and installed in the
dam manner as may be specified by regulations for monitoring the
performance of the 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
Estabhshmcnt 32.(1) Every owner of a specified dam shall establish a hydro-

ofhv dr o-
meteorological meteorological station in the vicinity of each dam capable of
station recording such data as may be specified by 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
Installations 33.(1) In the case of every specified dam, having a height of

o fseismological
station thirty metres or above or falling under such seismic zone, as may be
specified by regulations, the owner 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 bespecified
- by 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 regulations.
CHAPTER VIII
EMERGENCY
ACTIONPLAN AND DISASTERMANAGEMENT
Ol'lllg011011 <'I
34.(1) Every owner of a specified dam, in respect of each \}\\1l~1 ul
<pcc ified dam
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,
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(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 safety of dam 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 111

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 regulations and the first such study shall be made
within five yean. from the date of commencement of this Act
Emergency
35.(1) Every owner of a specified dam, for each of its dam action plan
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 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 dam III the
event of an actual or imminent dam failure or to mitigate the effects
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of the disaster ,
(b) include therein ,
. (1) the type of emergencies which are likely to occur

111 the operation of any reservoir,
(11) identification of the likely catastrophic flood in

the event of a!lY failure of the dam, along with probable
areas, population, structures and installations likely to be
adversely affected due to flood water released from the
reservoir,
(ill) 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,
(tv) 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 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
,'\-,~Ist.\n('(' tn
36. Without prejudice to the provisions of tlus Act or liability other dl"a.;;1el
Illdll.lgt!111(,l1t
of the owner of the specified dam and other organisations and authontre-
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 111 force to meet or mitigate any
disaster or emergency arising out of the speCIfieddams
CHAPTER IX
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COMPREHENSIVE DAM SAFETY Ev ALUATION
Compr ehcnsive
37. (1) The owner of specified dam shall make or cause to be dam safety
made comprehensive dam safety evaluation of each specified dam evaluation
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
of 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 regulations,
(cj general assessment of seismic safety of dam with

mandatory site specific seismic parameters study in certain
cases as specified by regulations;
(d) evaluation of the operation, maintenance and
inspection procedures; and
1--
(e) evaluation of any other conditions which constitute or
could constitute a hazard to the integrity of the structure.
Compulsorv 38. The comprehensive dam safety evaluation referred to in

~\ aluanon 1I1
cer t.un Ut...~, section 37 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
(cJan extreme hydrological o_rseismic event
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....omprchcnvivc
39 (1) The owner of specified dam shall report the results of
e valu.urou the dam safety evaluation undertaken under section 37 or section 38
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 analyses, if required, and
(e)recommendations for improvements 111 routine
maintenance and inspection of dam, if required
(3)Where the safety evaluations undertaken under section 37

or section 38, 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 37 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 ~othe Authority
which shall render its advice and send recommendations to the State
Government concerned for implementation
CHAPTER X
OFFENCES
AND PENAl.TIES
pUllIshmcnl for
40. Whoever, without reasonable cause, obstrucuon, etc
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(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
Offences by
41.(1) Where an offence under this Act has been committed by Departments of
a Department of the Government, the head of the Department shall Government
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 conmvance 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 he proceeded against and
punished accordingly.
Offence
42.(1) Where an offence under this Act has been committed by COlllpd111 I.!....
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 he guilty of the
contravention and shall be liable to be proceeded against and
punished accordingly
Provided that nothmg 111 this sub-section shall render any such
'--- __..I......L.Pe.:_r;:_so.:_1_1.:_h.:_a.:_bl:...:.e
to any pUlllshment provided 111 tl1lS Act, if he proves
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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 ofthis 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
Cognizanc e "I 43.(1) No court shall take cognizance of any offence

offences
punishable under this Act, save 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.
CHAPTER XI
MISCELLANEOUS
Annual eport of
safety
I
"tdiu" of
44.(1) Every .State Dam Safety Organisation shall prepare
d,lnl' annual. report, within three months of the expiry of the preceding
financial year, of its activities and safety status of dams in the State
and such report shall be forwarded to the Authority and State
Government and that Government shall cause the same to the laid
before each House of the St~te Legislature, where it consists of two
Houses or where such Legislature consists of one House before
that House '
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(2)Every State Dam Safety Organisationand every owner of a

specified dam shall provide to the Authonty, 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 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 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
Safety
45. Every owner of the dam other than specified dams shall measures JJ1
undertake such measures as may be necessary to ensure safety of respect of dam-
other than
the dam and shall comply with the instructions and guidelines specified dams
which may be issued by the concerned State Government or the
authorities, as the case may be
Safetv
46. Where a dam, including a dam created due to landslides or measures 111
glacial moraine, is located outside the territory of India and the respect of darns
located outside
Authority suo-moto or on receipt of information from any person or terru orv of
organisation or authority or source prima facie is of the opinion that India
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
Act 10 11,1\\.' 47. The provisions of this Act shall have effect
O\'l:11 ltlmg cl'lcct
notwithstanding anything inconsistent therewith contained 111 any
other law for the time being 111 force
PI)\\..!f to .rrn ....lll.i 48.(1) If the Central Government IS satisfied that it IS

S...hedule-
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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
accordingl y.
(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
Power of Central 49. The Central Government may give such directions, as it
Go ver nment It'
gi VC direcu ons 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
Power of Central 50.(1) The Central Government may, by notification, make

GO\ crnmcnt to
make rules 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 6, and the fee and allowances
paid to the specialist members or expert invitees to attend the
meetings of the National Committee or its sub-committees
under-sub-section (3) of section 6, .'
(b) the functions, powers, and terms and conditions of

service of other officers and other employees of the Authority
under section 9,
(c) the identification of competent authorities that will

approve taking up of the construction of new specified dam or
the alteration or enlargement of existing specified dams under
sub-section (6) of section 25,
(4)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
Power ,,1 "t<lle
51.(1) The State Government may, by notification, make rules GO\ -:1 1111h.'111
to carry out the provisions of this Act It' nul,e ,uk'.
(2) In particular, and without prejudice to the foregoing

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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 12,
(b) the fee and allowances paid to the speciahst members

or expert invitees of the State Committee or its sub-committees
(c) the organisational structure and work procedure of

State Dam Safety Organisation under sub-section (3) of section
13,
(d) the functions, powers, and terms and conditions of

service of the employees of the State Dam Safety Organisation
(e)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
PO\\~J to make 52. (1) The National Committee on the recommendations of

1egulanon ... bv
~<lllOnaJ the Authority, or otherwise, may make regulations consistent with
Cornnuttee this Act and the rules made thereunder to carry out the provisions of
this Act
(2) The regulations referred to in sub-section (1) shall be

notified and enforced by the Authority.
(3) 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 15,
(b) the criteria for vulnerability and hazard classification

of specified dams under section 16,
(c) the details pertaining to the maintenance of log books

(d) the qualifications and experience of the individuals
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responsible for safety of specified dams under section 22,
(e)the qualifications and experience of the eng meers

responsible for investigation, design and construction of
specified dams under sub-section (3) of section 25,
(f) the quality control measures for the purpose ofdam

construction under sub-section (5) of section 25,
(g) the level of competent engineers for the dam safety

units under section 29;
(h) the guidelines and check-lists for inspection of

specified dams under clause (a) of sub-section (3) of section
30,
(i) the minimum number of set of instrumentations in the

specified dams and the manner of their installation under sub-
section (1) of section 31;
0) the data requirements of hydro-meteorological stations

in the vicinity of specified dams under sub-section (1) of
section 32;
(k) the data requirements of seismological stations in the

vicinity of specified dams under sub-section (1) of section 33,
(I) the time interval of risk assessment studies to be

carried out under sub-section (2) of section 34,
(m) time interval for updating the emergency action plan

under clause (b) of sub-section (1) of section 35,
(11) the time interval for the comprehensive safety

evaluation of dams under sub-section (1) of section 37,
(0) the guidelines for mandatory review of design flood of
existing dams under clause (b) of sub-section (2) of section
37;
(P) the guidehnes for mandatory site specific seismic

parameter studies of existing dams under clause (c) of sub-
section (2) of section 37,
(q)any other matter which is to be specified or in respect

of which provision is to be made by the National Committee
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----------------------~----.-
by regulations
], uk .md
53.(J)Every rule and every regulation made under this Act 1"!~~lIldllOllc:, h) IK
shall be laid, as soon as may be after it is made, before each House 1,_ld bcfrn ,
P.n h.uncnt and
of Parliament, while it is in session, for a total period of thirty days State
which may be comprised III one session or in two or more Legislatur ,"
successive sessions, and if, before the expiry of the seSSIOn

immediately following the seSSIOn or the successive sessions
aforesaid, both the Houses agree in making any modification III 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
(2) 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
1'0\\ cr to 54.(1) If any difficulty arises in giving effect to the provisions

r-emc v e
difficulues 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 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 il is made, be laid before each House of Parliament.
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THE FIRST SCHEDULE

[(See section 5(/)]
Functions of National Committee on Dam Safety
l.Review and update the norms related to satisfactory level of dam safety assurance III
the country,
2 Act as a forum for exchange of views on techniques to be adopted for remedial

measures to relieve distress conditions in dams and appurtenances,
3 Analyse the causes of major incidents and failures in case of specified dams and
suggest changes in the planmng, 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 explore compensations, through the route of insurance coverage for
thepeople affected by dam failures,
5 Render advice on any specific matter relating to safety of dams which may be
referred to it by the Central Government or the State Government, as the case may be;
6.Make recommendations on a request by the Central Government on safety measures

in respect of dams located outside the territory of India,
7.Make recommendations on the rehabilitation requirements of ageing dams,
8 Provide strategic supervision for such dam rehabilitation programmes that are
executed in States through central or externally aided funding,
9 Identify areas of research and development for dam safety and recommend for
provision of funds;
10 Make recommendations on the coordinated reservoir operations of cascading

dams,
11 Any other specific matter relating to safety of dams which may be referred to it by
the Central Government
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THE SECOND SCHEDULE

[See sea/on 8(J))
Functions of National Dam Safety Authority
1 Discharge such functions as may be necessary to implement the policy, guidelines

and standards evolved by the National Committee for proper surveillance, inspection,
operation and maintenance of specified dams,
2 Monitor the functioning of State Dam Safety Organisations and evaluate the dam
safety practices followed by Dam Safety Organisations and dam owners;
3 Provide the state-of-the-art technical and managerial assistance to the State Dam
Safety Organisations,
4.Maintain a national level data-base of all specified dams in the country, including
serious distress conditions, if any, noticed therein;
5. Maintain liaison with the State Dam Safety Organisations and the dam owning
Organisations for standardisation of dam safety related data and practices, and related
technical or managerial assistance,
6.Lay down guidelines and check-lists for the routine inspection and detailed
investigation of dams and appurtenances,
7 Maintain the records of major dam failures in the country,
8 Examine, as and when necessary, either through its own engineers or through a
panel of experts, the cause of any major dam failure, and submit its report to the National
Committee;
9 Examine whenever required, either through its own engineers or through a panel
of experts, the cause of any major public safety concern in respect of any specified dam,
and issue appropriate instructions on further investigations, operational parameters or
remedial measures,
10 Lay down the uniform criteria for vulnerability and hazard classification of dams
in the country, and review such criteria as and when necessary,
11 Give directions regarding maintenance of log books;
12 Give directions regarding qualifications and experience requirements of

individuals responsible for safety of specified dams,
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13 Accord accreditations to the agencies that can be entrusted with the works of
investigation, design, construction and alteration of specified dams,
14. Disqualify any agency for taking up works of investigations, design,

construction and alteration of specified dams, if It violates any of the provision contained
in the regulation under this Act
15. Give directions regarding qualification and experience requirements of
individuals responsible for investigation, design and construction of specified dams,
16 Give directions regarding quality control measures to be undertaken during

construction of specified dams,
17 Lay down guidelines for preventive measures in the areas vulnerable to

landslides in the vicinity of a dam under the impact of dam construction;
18. Give directions regarding competent levels of engineers in the dam safety units
of specified dams on the basis of vulnerability and hazard classification of such dams;
19. Give directions regarding instrumentation requirements and manner of their

installation for monitoring the performance of specified dams,
20. Give directions regarding data requirements of hydro-meteorological stations in

the vicinity of specified dams,
21 Give directions regarding data requirements of seismological stations m the

vicinity of specified dams,
22. Give directions regarding time interval for the risk assessment studies of
specified dams on the basis of vulnerability and hazard classification of such dams,
23. Give directions regarding time interval for updating the emergency action plans
of specified dams on the basis of vulnerability and hazard classification of such dams,
24. Give directions regarding constitution of independent panel of experts for

comprehensive dam safety evaluation of specified dams;
25 Give directions regarding time interval for the comprehensive safety evaluation
of specified dams on the basis of vulnerability and hazard classification of such dams,
26 Lay down guidelines for review of design floods of existing dams,
27 Lay down guidelines for review of site specific seismic parameter studies of
specified dams,
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28 Establishment of an early warning system incorporating appropriate framework

for the exchange of real time hydrological and meteorological data and information
related to operation of reservoirs by the dam owners,
29 Promote general education and awareness in relation to dam safety,
30. Provide secretarial assistance to the National Committee and its sub-cornmittees,
31 Provide coordination and overall supervision of dam rehabilitation programs that
are executed in States through Central or externally aided funding, and
32 Any other specific matter relating to safety of dams which may be referred to it
by the Central Government.
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THE THIRD SCHEDULE

{(See section 11(lJ]
Functions of State Committee on Dam Safety
Review the work done by the State Dam Safety Orgarusauon

2. Establish priorities for Investigations m case of specified dams under distress condiuon
3 In cases where investigations WIth respect to safety of any specified dam m the State had already
been undertaken, to order further mvesngations m relation to safety of such specified dam and assign
responsibilities for execution including the use of non-departmental resources, and need for the aSSOCIatIOn
of Independent experts WIthnext phase of such mvestigations.
4 Recommend the appropriate measures to be taken in relation to the safety of specified dam which IS
under distress condition.
5 Establish priorities among projects requmng remedial safety works
6 Review the progress on measures recommended m relation to dam safety
7 Assess potential implication of reservoir filling of a dam in the State on any upstream State, and
coordinate mitigation measures with such upstream States
8 Assess potential Implication of failure of a dam In the State on any downstream State, and
coordinate mitigation measures WIth such downstream States.
9. Assess probability of cascading dam failure, and coordinate mitigation measures WIth all concerned,
includmg bordenng States
10 Recommend provision of funds for the purpose of planned and appropriately phased rehabilitation
of agemg dams in the State.
11 Provide strategic supervision for such dam rehabilitation programs that are executed through State
funding
12. Any other specific matter relating to safety of dams wluch may be referred to It by the State
Government.
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Copy No.__
Annexure-III
COMPLIANCE ON RECOMMENDATIONS OF SEVENTH REPORT OF STANDING COJ'v1MITTEEON WATER RESOURCES ON "DAM

SAFETY BILL, 2010"
Sl. Par Standing Committee's Recommendation on Dam Safety Status of Compliance as per New Dam Safety Bill, 2016
No. a Bill,2010
No.
General Observations of the Standing Committee
1 1.14 The Committee have examined the Bill in the light The recommendation has been agreed; and accordingly the
of the aforementioned facts, suggestions received from non- rule making powers of Central Government, rule making powers of
official experts In the field of dam safety, State State Government, and the power of regulation by National
Governments and individuals and the information Committee on Dam Safety have been framed suitably
furnished by the Ministry of Water Resources. Though
the Committee have made a wide range of recommendations, The required changes concerntng rule making powers of
they feel that many of the recommendations may not Central Government and State Government are tndicated 717 (he nell'
necessarily require amendment(s) m the Bill itself, as BTl! under Clauses 50 & 51 respectively. The required changes
considering the need for flexibility to meet the operational concerning regulation are indicated Tl7 the nell' BTlI under Clause
exigencies, the Government may make appropriate 52.
provisions in the rules. regulations and orders framed The detailed functions oj National C01717mtfee.Central
under the legislation, once enacted. There is also scope for Dam Safety Organtsatton and State C0I11111Tttee on Dam Safety
withdrawal of some clause(s)/sub-clause(s) which can shifted to First Schedule, Second Schedule, and Third Schedule
better form part of the Rules/Guidelines to be framed in respectively in the new BIll. Matching changes have also been
exercise of the power of delegated legislation to avoid the incorporated elsewhere in the l1eloJ!
BIll.
ngour of amending the parent legislation from time to I
L_~
time.
~~~ _L ___
I
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2 1 15 The Committee note that safety of dams is very The initial efforts were directed towards enactment of State
important for safeguarding the huge investment in level dam safety legislations by the respective State Governments
critical physical infrastructure and the benefits derived The efforts for a Central Dam Safety legislation could commence
from the projects There are 5,101 large dams as recorded in only after the receipt of requests in this regard from the
'National Register of Large Dams - 2009' owned by the Governments of Andhra Pradesh and West Bengal in year 2007
States and the Non-State entities. The Committee recall that Subsequently, owing to the interdisciplinary nature of subject
the then Ministry of Irrigation (Government of India), matter, a larger time has been spent on the inter-ministerial
while realizing the importance of ensuring safety of consultations before finalization of the Bill. Even the Dam Safety
dams, had constituted a Committee in 1982 headed by the Bill 2010 recommended by the Standing Committee got lapsed due
Chairman, CWC to review the existing practice and to to dissolution of the is" Lok Sabha; the fresh Bill could not be
evolve unified procedures for safety of dams. The taken up due to bifurcation of Andhra Pradesh through the route of
Committee submitted its report, "Report on Dam Safety Article 252 of the Constitution
Procedure" in July 1986. Based on one of the
recommendations of the Committee the draft Dam Safety {In view of urgencyattached by the Standing Committee and
Bill was prepared by CWC in 1987 and circulated in m light of their observationat Para 2.9 of the recommendations,the
January 1998 to the Members of National Committee on new Bill has been prepared exerctstng power conferred under
Dam Safety (NCDS) which was formed in 1987 and to the Article 246 read with Entry 56 and Entry 97 of Lrst I of Seventh
dam owning States and Organisations Suggestions were Schedule ojthe Constttuttons
obtained from twelve Member States Based on these
suggestionsl comments, the first draft was prepared in 2002 No compliance is required.
and circulated to Ministries (IrrigationIPWD) of the States
Taking into account the suggestions/comments received
from various Statesl Organisations the Dam Safety Bill,
2010 has been introduced in August 2010 in Lok Sabha. The
Committee feel that it took an undue long period to
formulate the Bill on dam safety for which process was
lllitiated long back in the year 1986 and, surprisingly, it I
took almost 25 years to come before the Parliament
L- __
Nevertheless, the Committee are pleased that the Bill has
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!
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ultimately been introduced after due and wide ranging I

consultation with the stake holders and others.
The Committee note the Bill contains provision Dam failures may occur on account of many reasons, and
1 16
for periodical inspection of dams and emergency action some of them may be directly or indirectly attributable to dam
plan However, in case of any dam failure or for not owners But, dam failures can also happen despite the best
following the directions provided in the Bill. there is no intentions and efforts of dam owners Hence it may not be
provision for imposition of penalty on the owner or on the appropriate to link imposition of penalty directly 'with the failure of
person(s) responsible for dam safety The Committee dams However, it is agreeable to incorporate provisions for
feels that the Bill will not prove as effective as it should in imposition of punishment on dam owners (including Departments of
the absence of any penal clause for such grave Government) for (i) obstructing an authorised person in discharge,
omISSIOn The Committee are of the considered view that of his functions under this Act, and (ii) refusing to comply With the;
the statutory provision for punishment will be a directions given by concerned Central! State Organizations under \
deterrent and also add to the sense of this Act
responsibility among the dam owners or persons
responsible for the maintenance of the dam As the safety
of dams IS of paramount concern, the Committee A new chapter (Chapter X) 071 'Offences and Penalties' has
recommend that the provision to impose penalty for dam been included in the New B711. (New Chapter )C with Clauses - -1010
failure and causing disaster in the downstream/upstream 43).
of dam be suitablv incorporated in the Bill
The Committee note that there is no provision in the The recommendation has not been agreed for following
4 1 17
Bill to compensate the affected people in case of any reasons.
disaster taking place due to the failure of the dam They, (i) There can be many and varied claims for dam related damages; and
therefore, desire that an adequate provision be made in the all of them may not be on account offailures.
(ii) Many a times the damages may happen during normal operations of
Bill for compensation to the affected people.
dam - e.g. routrng of a moderate or high flood which may adversely
impact the lives and property of people who are encroaching Into
the flood zones. Evidently, unless the flood zones are clearly
demarcated for full river stretches below the dam and until
occupation of such zones is made unlawful, the recommencied I
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compensations for dam related damages may not be meaningful.

(iii) Further, even in case of moderate floods, it may not be easy to rule
out in entirety the factor of operational failure. This is so owing to
the limitations in defining of an operational failure. Hence,
recommended provision may lead to several litigations against dam
owners for settlement of damage claims, which may also linger-on
for prolonged durations.
(iv) As stated at 51.No.3, dam failures can also happen despite the best
intentions and efforts of dam owners. Hence it may not be judicious
to transfer the entire burden of compensation on dam owners
alone.
It is felt best to address the issue of liability for damage

related compensation through the route of insurance coverage,
which can be deliberated by the National Committee as part of its
mandate for evolving a comprehensive dam safety management
approach
{The required changes are tndtcated tn the New BTl' under

Sf. No.4 of FIrst Schedule.} I
5 1 18 The Committee also recommend that the concerned The Bill already addresses the issue of institutional capacity
agencies must keep themselves abreast of the rapid strides building for dam safety. However, for greater emphasis of the issue
made in the field of science and technology and adopt the the functions of the National Committee/ National Dam Safety
latest innovations not only while constructing the new Organisation! State Committee on Dam Safety have been enhanced
dams but keep these in view as well during periodic further under the New Bill
reviews of the dams already constructed to assure their
safety
The required changes are indicated Tl7 the new Bill under
Second Scherf/rfc I
Fjrst Schedllie (FlInctzons of Natlonal C0711l1llttee),
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(Functions of National Dam Safety Otgamsation) & Third Schedule -I

(Functions of State Committee). ;
The Committee notes that there is no mention in the The recommendation of the Standing Committee has been
6 1 19
proposed Bill regarding constitution of an independent agreed by giving 'National Dam safety Organization (NDSO)' the
regulatory authority to keep an overview the status of an independent and autonomous organization headed by an
implementation of the Dam safety measures as officer not below the rank of Member 111 Central Water
contemplated They, therefore, desire creation of such an Commission However, in view of the highly technical nature of' iob
authority to monitor and achieve the intended objectives involving varied experience requirements, and also in viev: of I
behind the Bill complex cadre management issues of a small organizational set-up,
the NDSO would be manned by the Central Water Engineering
Services cadre officials Further, in pursuance of Para 2 65 (XV) of
the recommendations, the National Committee has been entrusted
with powers to make regulations, which shall be notified and
enforced by the NDSO
The required changes are indtcated 117 the new BTl! undct i
Clause 7(3), 9(1) and 52(2) Matching changes have also been
incorporated elsewhere 117 the new BTII.
Recommendations from Clause by Clause Examination by the Standing Committee

7 29 The Committee note that 'regulation of the Safety of The recommendation has been agreed
Dams' has not yet been declared by the Parliament to be
expedient in public interest. However, they are not inclined The required changes are indicated 117 the new BTII
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to accept the view that the Parliament has no powers to make (modiftcation/deletton in Preamble part)
laws for the States as stated in the Preamble of the Bill.
Since, in terms of Entry 56 of the Union List of the Further, the new Bill is proposed exercising power of
Constitution, Parliament may declare by law if it is expedient Parliament conferred under Article 246 read with Entry 56 and
in public interest make a law for dam safety which is Entry 97 of List I of Seventh Schedule of the Constitution
apparently an inter-State matter. The Committee, therefore,
desire that Preamble of the Bill be modified by deleting the
sentence 'and whereas Parliament has no power to make laws
for the States with respect to any of the matters aforesaid
except as provided in articles 249 and 250 of the
Constitution.' The Committee also desire that the words,
"including safety of aquatic life and natural resources" be
added after the words livestock and orooertv in the Preamble.
According to article 252 of the Constitution, Since the new Bill will extend to whole of India, no
8 2 10
Parliament can legislate on any subject in List II of the Compliance is required
Seventh Schedule of the Constitution provided two or more
States give consent for such legislation and the resolution is
adopted by their respective legislatures empowering
Parliament to pass an Act in this regard which shall apply to
those States In the instant case also, the State of Andhra
Pradesh and West Bengal have passed resolutions
empowering the Parliament to pass the necessary Dam
Safety Act Hence, this proposed Act at the first stage will be
applicable to Andhra Pradesh and West Bengal and all Union
territories The State Governments can also enact their own
Dam Safety Act by treating the Central Dam Safety Act as a
model act The Committee, however. desire that after the
Dam Safety Bill is passed by the Parliament. the MoWR
oursue with the State Governments to adoot this Act bv
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passing a resolution in this regard in their legislatures on

priority basis gIven the senous objectives behind the !
Iezislation
9 2 16 The Committee debated at length over various The recommendation for inclusion of definition of 'safety'
definitions of the expressions used in the Bill They, and 'safety assurance' has been agreed Matching emphasis on
therefore, strongly feel that the definitions of 'Safety' and safety/ safety-assurance has also been incorporated in the functions
'Safety Assurance' be added under Clause 3 in the Bill and of National Committee, State Committee, National Dam Safety
the details thereof be suitably incorporated elsewhere in the Organization and State Dam Safety Organization For putting I11to
Bill They also desire that the word 'visual' may be replaced practice the concept of safety assurance, dams - as per New Bill -
by 'on site' in the clause 3 G) as the term 'visual' restricts will have to be classified according to vulnerability and Hazard
the scope and process of examination and can be classes Accordingly, new clauses have been incorporated for
misused while doing the inspection Accordingly, definition of vulnerability and Hazard classification, time interval
definition at Clause 3 (j) be modified for risk assessment studies, interval for updating of Emergency
Action Plan, and interval for Comprehensive Safety Evaluation
The recommendation for improvement in the definition of

'inspection' has also been agreed with minor modification
The deftnttton related changes are tndtcated 111 the lIell' BTl'
under Clause 3(111), 3(z) & 3 (za). i
10 223 The Committee note that according to the provisions The recommendation has been agreed in general with minor
made in the Clause 4, the membership of National modifications by suitably amending the composition and functions
Committee on Dam Safety would go beyond 50 Further, of the National Committee and making provisions for constituting
having representatives of all States having specified dams sub-committees I
would also provide a chance to groups of vested interests
or those States which are not going to benefit from the I
project, to influence the decision of the NCDS To restrict The requIred chane:es are ll1dlCafed 117 the nC11' BII! 1!;~d('J"
i
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the number of persons in NCDS, it is suggested to Clause 4, 5 (3) & 6 (2).

make the representatives of only those 5 or 7 States Matching changes have also been incorporated elsewhere 117
which have the largest number of specified dams the new Bill.
Moreover, if a Core Technical Committee, (CTC) consisting
of only technical experts is formed it would be of much
help in arriving at a viable and unbiased final decision
The Core Technical Committee would have both the
responsibility as well as the accountability on record for
which they have to stand by. The Committee would like
the Ministry to make provision to this effect in the Bill.
They also desire that the resl2ective roles of CTC and
NCDS need to be well defined. The Committee also desire
that the representation of the National Institute of
Hydrology, the Central Soil and Materials Research Station,
Central Water and Power Research Station and the National
Disaster Management Authority in the National Committee
on Dam Safetv be suitablv indicated in the Bill.
11 226 The Committee note that the proposed Bill The recommendation has been agreed.
provides for meeting of the National Committee on Dam
Safety to take place at least twice a year. However,
keeping ill view the operation of the dams during The required changes are tndtcated 117 the nell! BT!! under
monsoon season and slow compliance in inter-State data Clause 6(1)
sharing for early warning on release of water from dams
has been an issue in the past, the Committee feel that one I
meeting of the National Committee be he~dbefore the onset
of monsoon season. It will also help dam owners in making
necessary preparations for management of the dams during
monsoon when maximum water is available at the dam
recommend that
I
sites The Committee, therefore, t
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provision for such a meeting be made accordingly in the !

Bill I
~12--~2-3-3-+------=T7h-e-C~0-m-m~it-te-e--n-o-te--t~h-at--a-n~'in-c~i~d~e-nt~'-c-a-n--o-c-cu-r-+------=T~h-e-r-e-c-om--m-e-n-d~a-ti~0-n--re-g-M-d~i~n-g~C~la-u-s-e-8~(~2
1
without failure of the dam and may have been controlled agreed with minor modification The recommendation regarding
by timely human intervention The incident can also lead definition of 'incidents' has also been agreed to with m1110r
to failure if not attended to in time They, therefore, desire modifications
that the word 'failure' be replaced by 'incident' in Clause 8 I
(2) Cd) and Clause 11(1) (e). They also desire that the However, the recommendation regarding Clause] 1(1) (e)
'incident' also be defined suitably after Clause 3 CD The has not been agreed because 'incidents' can be several even for a
Committee further desire that word 'assurance' be single dam, and its identification will also involve ambiguity as
suitably incorporated in Clause 8 (2) (e) after the words evident from its definition Thus, keeping a centralized national I
'risk assessment and risk management' as suggested by the level record of 'dam incidents' at National Dam Safety
Committee elsewhere in this report and suitably defined in Organization may not be viable However, it is agreeable to
the Bill maintain the record of 'dam incidents' in concerned State Dam
Safety Organizations
The recommendation regarding emphasis on 'assurance' Il1

Clause 8(2)(e) has been agreed, and in addition, this emphasis has
also been reiterated in the overall functions of the National
Committee.
The required changes are indicated in the new Bill under

Item No.3 & 4 of First Schedule and Clause 3(g) & 18.
13 2 39 The Committee note that while the expertise The recommendation has been agreed
required to be a Member of the StateslNon-States Dam
Safety Organisations/Cell has been specified in different The requn ed changes are tndtcated tn the new Ell' 1177d"I" I
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clauses, the requisite expertise for appointment of the Clause 9 (1)

Members of the Central Dam Safety Organisation has not
been specified The Committee recommend that a
clause/sub-clause specifying the requisite expertise of
the Members of CDSO be included in the Bill at the
appropriate place
14 243 The Committee note that the National Disaster The recommendation has been agreed Further, in order to
Management Authority's interim report to the Cabinet have better coordination on the issue between neighbouring states,
Secretariat on Crisis Management Plan for Dam Safety, the composition of State Committees has been enhanced to Include
prepared on the basis of the deliberations made by representatives of upstream and downstream states as well Also,
representatives of State Governments has proposed a the functions of the State Committee has been enhanced to include
framework for national level early warning system. This is assessment / coordination for interstate impacts and cascading
required for exchange of real time hydrological and impacts of dam filling/ failure For meaningful implementation of
meteorological data and operation of reservoirs by the above, the requirement of State Committee has also been made
dam owners. Keeping in view the high utility of the mandatory for all states
proposed early warning system, the Committee
recommend that provision in the Bill be made for setting up
of a National Level Early Warning System accordingly The required changes are tndicated Tl7 the new BTl! under
Item No. 26 of Second Schedule.
The required changes concerntng constttutton andfunctions
of State Committee are tndtcated 111 the new Bill under Clause j 0 &
Item No.7, 8, 9 of Third Schedule.
15 251 The Committee are of the considered view The recommendation has been agreed with rmnor
L_ __ L-__
that the 'accreditation' of all the organizations which will modification.
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investigate, design and construct all specified dams is

necessary to enable the owner of the dam to have more The required changes are tndtcated 111 the nell' FJ f 11 under I
agencies to choose for the purpose The Committee, Clause 25(1) & Item No. 12 of Second Schedule
therefore, desire that "and or accredited by the Central or the
I
State Dam Safety Organization or the State Government" be
added before "for the said ouroose" in clause 28 (l ).
252 The Committee notice that there is no mention of The recommendation has been agreed In addition, emphasis
16
standards or practices to be followed in designing or has also been given on the quality control measures in dam
evaluating the safety of the dams III the Bill The construction
Committee are apprehensive that III the absence of
prescribed standards, different agencies/State Governments The required changes are indtcated 111 the nell' Bill undet I
would adopt/follow different standards The Committee Clause 25(2), 25(4), 25(5) and Item No. 14 of Second Schedule , I
recommend for the inclusion of a new Clause making it

mandatory for use of the standard codes and guidelines
fixed by the Bureau of Indian Standards and furlllshing of
reasons if any dej2arture is made in the design or dam safety
evaluation
17 253 The Committee note that clause 31 (2) provides for The recommendation has been agreed to with 1111l10r
special inspection of dams by the engineers during or modification. Matching modification has also been incorporated in
after the flood, earthquake, etc However, the Committee provision related to ascertaining of the competent level of engineers
foresee that there can be other natural calamities which can as per stipulations ofNDSO
damage the dam and engineers should also be competent
enough to undertake such inspections They, therefore, The required changes are indicated in the lIell' Btll under
recommend that instead of 'engineers', the word clause 29, 30 & 27.
'comj2etent engineers' be added to the clause and
12rovislOn also made for s12ecia1ins12ection after a natural I
calamrties to detect any 120ssible danger or threat to the
health or safety of the dam. I
--_j
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256 The Committee note that the Government has The recommendation on recording of Micro and Strong
18
accepted the suggestion partly and, therefore, they Motion Earthquakes has been agreed to, and required changes
recommend the Ministry of Water Resources to modify indicated in the New Bill.
the Clause 34 (1) by adding 'recording Micro and Strong
Motion Earthquakes' at the end of Clause 34 (1). The Recommendation concerning reconsideration of necessity of
Committee would also urge the Ministry to reconsider seismological stations has not been agreed because, on one hand the
the concern of experts as to the need for establishment of cost of such installations are not high, while on the other hand
seismological stations in the vicinity of all the specified reliable data of actual ground acceleration is generated at such
dams falling in Zone III and at all dams above 30 m stations during an earthquake, which will be valuable in future
height while reformulating the Bill research and design related studies On a related issue, it is felt that
mandatory site specific seismic parameter study also needs to be
carried out in certain cases during Comprehensive Safety Evaluation
of dams The required changes concerning requirement of site
specific seismic parameter studies are also indicated in the new Bill
The required changes are tndtcated in the new Btll under

clause 33, 37(2)(c) and Item No 19 of Second Schedule.
Related changes have also been incorporated elsewhere
171 the new BTU.
260 The Committee note that the Bill The recommendation regarding Comprehensive Dam Safety
19
provides for Comprehensive Dam Safety Evaluation of Evaluation to be done only by the independent panel of experts has
each dam by the owner of the dam either through their own been agreed, and required changes indicated in the New Bill
engineers or by an independent panel of experts. The
Committee feel that any Member who is in any way Since majority of dam owners are Government
directly or indirectly connected with the maintenance or departments, the recommendation regarding necessity of experts to
ownership of the dam at any stage should not be be in the service of State or Union Governments is contradictorv to
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associated with the evaluation of the dam safety. The the requirement of independent experts, and hence not agreed to
CommIttee, therefore, recommend that the word "either I
through their own engineer or" be deleted from the clause The required changes are indicated 117 the nell' 8711 mulct i
It may also be provided that as far as possible the Clause 37(1)
majority of the eXQertsshould be in the service of State or
the Union Government
20 264 The Committee are 111 agreement with the The recommendation has been agreed
suggestion which is also acceptable to the Ministry for
further elaboration of 'dam' safety measures under Clause
42 (1) so as to include the dams created in the The required changes are tndtcated ll1 the new Bill under
neighbouring countries due to landslide or glacial flow of Clause 46(1).
debris which may endanger the life and QroQerty in
India They, therefore, recommend that the necessary
modifications be carried out accordingly in the Bill
21 265 In Clause 3 (c), sub clause (vi) be amended to read The recommendation has been agreed with mmor
(i) as "(v) other associated structures acting integrally with modification
dam body including the reservoir and its rim." sub-clause
(ii) deleted and the subsequent sub-clauses renumbered The required changes are tndtcated ;'1 the new Bill under
accordingly Clause 3(c) i
i
22 265 In clause 3(e) the following explanation be The recommendation has been agreed
(ii) added
"F<?rthe purpose of this clause, dam includes, barrage, I
weir and similar water impounding structures but The required changes are indicated as explanation 117 the
-----
I
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excludes=e- new Btll under Clause 3(e)

(a) water conveyance structures such as canal,
aqueduct and navigation channel.
(b) flow regulation structures such as flood
embankment, dike and guide bund".
23 2.65 In clause 3 (f) the following explanation be added The recommendation for changes in definition of 'dam
(iii) at the end of the sentence:- failure' has been agreed with minor modification In addition, an
"and the environment including fauna, flora and riverine explanation has also been included regarding 'operational failure'
ecology. The term Environment may also be defined in the below the definition of dam failure. Further, since the terms
Bill" 'operation of dam' and 'operation and maintenance manual' are also
appearing prominently, they are also defined for greater clarity The
required changes indicated in the New Bill
The recommendation regarding definition of 'environment'
has also been agreed with matching emphasis on 'environment' in
provision concerning technical documentation
The requtred changes are indicated in the new BTl! under

clause 3(/), 3(1),3(1') & 3(s) & 21(1).
24 2.65
(iv)
Clause 3(h) be amended to read as -
"documentation" shall mean all permanent records
concerning investigation, design, construction, operation,
performance, maintenance, major repair (if any),
alteration (if any), enlargement (if any) and safety of
The recommendation has been agreed.
The required changes are tndtcated

Clause 30)
117 the l1elf'
l
BII1 under I
dams and includes design memorandum.construction

drawings, geological reports, reports of 33 specialized
studies simulating structural and hydraulic response of die
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dam, changes made in design and drawings,

control records, emergency action plan, operation and
maintenance manual, instrumentation
quality
readings, inspection
I i
and testing reports, operational reports, and dam safety
review reports"
25 265 Clause3m be amended to read as - The recommendation has been agreed
(v) "inspection" shall mean visual examination of all
components of dam and its appurtenances and includes
examination of non-overflow blocks, spillways, abutments, The required changes are mdtcated i17the new BIll linda
stilling basin, piers, bridge, downstream toe, drainage Clause 3(711).
galleries, operation of mechanical system'S (including gates
and its components, drive units, cranes), interior of outlet
conduits, instrumentation records and record-keeping
arrangements of instruments"
In Clause 8(2) (d) the words "re-occurrence" The recommendation has been agreed along with similar
26 265
may be amended as "recurrence". other needful corrections elsewhere.
(vi)
The recommended changes concerning Clause 8(2)(d) of the

Bill tabled in Parliament has been tncorporated 171 the nell' Bll'll
under Item No. 3 of First Schedule (Functions of National
Committee).
Clause 8(3) be amended to read as:-- The recommendation has been agreed.
27 265
(vii) The knowledge and information collected or generated by
the National Committee on Dam Safety shall be
disseminated by the Central Dam Safety Organisation to all
The required changes are tndtcated 171 the new B711undet I
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State Dam Safety Organisations or State Dam Safety Cells, Clause 5(4).
as the case may be, and Non-State Dam Safety Organisations
or Non-State Dam Safety Cells, as the case may be, for the
purposes of enhancing awareness and achieving uniform
standards in dam safety practices.
28 265 Clauses 15 (2), 16 (2), 17 (3), 18 (3), 46 (2) (b) With the deletion of provision for the Statel Non-State Dam
(viii) and (c), 47 (2) (a) and (b) be amended to read as - Safety Cell and Non-State Dam Safety Organisation, some of the
The words 'constitution and functions' be replaced by mentioned Clauses have been dropped, while for others the
'organisational structure and work procedures'. recommendation has been agreed with minor modification
The required changes concermng Clause 15(2) of the! Bill

tabled in Parliament are tndtcated tn the new Bi!! under Clause
13(3)
29 265 Clauses 16 and 18 be deleted The recommendation has been agreed

(ix)
The deletion of references to "Dam Safety Cell" and related
changes are tncorporated tn the new BIll. i
The deletion of references to "Non-State Dam Safety

Organtsatton" and related changes are incorporated 117 the new
Bill.
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30 265 In Clause 31 (3) (a) the words "in accordance with The recommendation has been agreed
(x) the" be added after sub-section (2) and before checklist
The required changes are indicated 117 the new BTl1 undct I
Clause 30(3)(a).
31 265 In Clause 35 (2) the following amendments be The recommendation (a) on frequency of risk assessment
(xi) incorporated - has been partly agreed by bringing interval of risk assessment under
"(a) The risk assessment studies must be carried out the scope of regulation by NCDS. On similar lmes, the stipulations
at suitable interval between five and ten years. It is concermng intervals for 'Emergency Action Plan' and
felt that period of 20 years for the risk assessment 'Comprehensive Safety Evaluation' have also been brought under
studies is too long. the scope of regulations by NCDS
(b) Emergency action plan is very important and
therefore, this needs to be prepared within two The recommendation (b) on period of maximum two years
years" for putting in place EAPs for all state dams has not been agreed as it
may not be viable in many a cases owing to sizeable numbers of
large dams in States (e g. Maharashtra has over 1800 dams, J\iP has
over 900 dams)
The required changes concerning risk assessment studies

frequency of updating Emergency Action Plan and Comprehensive
Safety Evaluation are tndtcated tn the new BTl' under Clause 3-1(2),
35(1)(a) & 37(1) respectively.
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32 265 In Clause 37 (3) (b) the following explanation be The mentioned Clause is related to mandatory review of
added. design floods during comprehensive dam safety evaluation This
(XiI)
"Instead of 'more than 15 meters or storage capacity more provision is desirable in most of the cases; and hence the
than 60 Meum', it may be 'more than 30 meters or storage recommendation for dilution of the Clause is not agreed.
capacity more than 60 Meum' "
33 265 Clause 39 (1) be amended to read as - The State Committee on Dam Safety will be a select
"The State Dam Safety Organisation or State Dam Safety Committee of members from varied organizations/ fields who may
(xiii)
Cell, as the case may be, shall report the results of the meet only twice in a year Each Comprehensive Dam Safety
Evaluation report IS expected to be a voluminous document
comprehensive safety evaluation undertaken under section
covering every safety related issue of the concerned dam, and these
37 or 38, directly to the State Committee on Dam may not be examinable at Committee level Moreover, the remedial
Safety. " actions are required to be taken up by dam owners only, to the
satisfaction of concerned State Dam Safety Organization,
Accordingly, the recommendation has not been agreed
Further, In the now modified new Bill, the Comprehensives

Safety Evaluation is required to be carried out by the dam owner,
and report to be submitted to the State Dam Safety Organization
{The required changes are indicated tn the nell' Bill undet

Clause 37 (1) and 39 (I)}
34 2 65 In Clause 43 necessary provisions be An open excess for men, materials and machinery into the
(xiv) incorporated' In the Bill for the officials, workers etc to protected forests and wild life sanctuaries may not be desirable, and
have rights to enter into the forest and wild life sanctuary it may also be put to misuse in many a cases, and hence the
area for dam maintenance. Many dams are located in the recommendation is not agreed.
forest area To carry out dam safety maintenance and
rehabilitation measures in the dam site, men, materials
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and machmery are to be taken to the dam site through

forest area.
35 265 In Clause 47 power to make regulations should The recommendation has been agreed
(xv) rest with the National Committee and not with Central
DSO \
The required changes concerntng power to make regulation
by the Nattonal Committee are tndtcated in the new BIll under
Clause 52 (1).
36 265 In Clause 48 (1) the restriction of period for two The existing provision has been included in consultation
(xvi) years IS not required. Any changes required to be with Law Ministry and as per prevalent practices, and hence the II
modified in this Act while implementation be carried out recommendation has not been agreed.
then and there without any time frame
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Copy No.__
Annexure-IV
The comments / observations of the concerned ministries and

observation there on by the ministry will be placed here.
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Annexure-V
FINANCIAL MEMORANDUl\1
(I) Financial Expenditure for 'National Committee on Dam Safety'
Clause 4, 5 and 6 of the Bill provides for constitution of a National Committee on

Dam Safety In respect of these Clauses of the Bill, recurring expenditure of about
Rupees Seventy Lakhs per annum is anticipated for expenses related to experts and
specialists etc and for meeting miscellaneous expenses of the National Committee. The
break-up of the anticipated recurring expenditure per annum in this regard is given
below:-
SI. No Descnption Amount in Rs. lakhs
1. Fees and allowances for specialists or experts in 15.00

the field of dam safety as Memberslinvitees
2. Preparation and publishing of 10.00
guidelines/manuals/annual reports/other reports
-
3. Computer stationeries, consumables, 10.00
housekeeping, etc
4. Expenditure for meetings/seminars/project visits. 30.00
5. Other miscellaneous expenses - 500
Total 70.00
(II) Financial Expenditure for National Dam Safety Authority
Further, Clause 7,8 and 9 of the Bill provides for establishment of National Dam
Safety Authority which will function as an autonomous body under the administrative
control of MoWR,RD&GR. The Chairperson of this Authority will be appointed by the
Central Government; and the officers, employees and other supporting staff will also be
provided by the Central Government (a tentative organogram of the proposed National
Dam Safety Auihorny IS given at the end of Annexure) In respect of these clauses of the
Bill, a capital expenditure of Rs. 50 Crore is anticipated for creation of building and
infrastructure facilities for the office of National Dam Safety Authority. The anticipated
recurnng expenditure for meeting the remuneration of National Dam Safety Authonty's
officers and staff, and other miscellaneous office expenses, is Rs. 34 Crore per annum
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A: Remuneration of Officers
Total
Description of Personnel Remuneration
SI. No. of Average Remuneration
(See Organogram of COSO Per Month (Rs.) Per Month
No. Positions
at C) (Rs.)
1 Chair Person 1 203150 203150
2 Chief Engineer 5 193300 966500
3 Director 20 168350 3367000
4 Deputy Director 30 138350 4150500
5 Assistant Director 30 116800 3504000
6 Assistant Director-II 30 99300 2979000
JUnior EnglneerlTechnical
7 20 74100 1482000
Assistant
Total 136 16652150
The break-up of the anticipated capital and recurring expenditure for National
Dam Safety Authority is given below
Description Unit Quantity Rate(Rs.) Amount(Rs.)

S No.
Capital Expenditure
1 Land Cost (Govt. Land) Sq.m 6000
2 Cost of Building Construction Sq m 15000 30000 450000000
3 Cost of Furnishing Building Sq m 15000 2000 30000000
4 Unforeseen Items 20000000
Total 500000000
Say 50 Crore
Annual Recurring Expenditure
Remuneration of Officers (See
5 Months 12 16652150 199825800
details at A)
Remuneration of Staff (See details
6 Months 12 6588000 79056000
at B)
7 Provision for Consultants Months 12 4000000 48000000
Electricity, Telephone Charges and
7 Months 12 100000 1200000
other House Keeping Services
8 Travel Expenses Months 12 300000 3600000
9 Hiring of Vehicle Months 12 150000 1800000
10 Meeting 1 Trainingl Workshop etc Months 12 100000 1200000
11 Office Running Expenses Months 12 100000 1200000
12 Other Miscellaneous Cost Months 12 100000 1200000
Total 337081800
Say 34 Crore
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B: Remuneration of Staff
Description of Personnel No. of Total
S
Positions Average Remuneration
No.
Remuneration Per Per Month
Month (Rs.) (Rs.)
27 70000 1890000
1 Personal Assistant
2 Support Secretarial Staff 69 54000 3726000
3 Multi Taskmg Staff 27 36000 1728000
Total 123 7344000
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Copy No.__
C: Organogram of Central Dam Safety Organisation
~l')".1 !.lJ t
;; i'\~1:d"~ ,
, ' ~t
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Most Immediate

No. 24/2/20 16-H-II

Dated: ih June, 2016

1. The Chairperson, Central Electricity Authority.

Subject: Proposal for enactment of Dam Safety Bill - furnishing of comments -

I am directed to enclose a copy of the Ministry of Water Resources, River

! 0)Y~ GOVbRNMEN r OF INDIA

Subject: Proposal for the enactment of Dam Safety Bill-regarding

comments/views of the concerned Ministries/Departments so received (copy enclosed), were

1I50/1/2014-Cab dated 20.06.2014.

Ene.: As above. \ Yours faithfully

The Member, NDMA,

Dr. Arvind Panagariya, Vice Chairman (NITI Aayog)

The undersigned is directed to refer to Ministry of Water Resources' letter No.

Ministry of Water Resources

DRAFT NOTE FOR THE CABINET

Subject: Proposal for the enactment of Dam Safety Bill, 2016.

Introduction and Background:

necessary steps to ensure the safety of dams.

(through the erstwhile Ministry of Irrigation) constituted a Standing Committee In 1982,

circulated by the Ministry The Andhra Pradesh Legislative Assembly adopted a

Assembly also passed a Resolutionon the 24thJuly, 2007 empoweringthe Parliamentto

pass the necessary Dam SafetyAct

Constitution.As per article 252 of the Constitution,Parliamentis empowered to legislate

their respective legislatures empowenngthe Parliament to pass an Act in this regard,

which shall apply to those States.After the reqinsrte Inter-ministerialconsultation on the

subsequently referredto the ParliamentaryStanding Committeeon Water Resourcesfor

to Government of India by the Lok Sabha Secretariat by Its 0 M No 1215NVRl2011

dated 17thAugust, 2011.

on Water Resources were examined by the Ministry of Water Resources Owing to

significant changes/modifications entailed in the Bill while complying with the

recommendations of the Parliamentary Standing Committee, the Ministry of Water

Ministry of Water Resources, River Development and Ganga Rejuvenation

(MoWR,RD&GR) for concurrence of said resolution in their respective Houses as

was passed by the erstwhile State of Andhra Pradesh.

bifurcated states of Andhra Pradesh and Telangana Hence, MoWR,RD&GR

19 As a follow-up of the clarifications submitted by MoWR,RD&GR, on the

List I of Seventh Schedule of the Constitution".

recommendations of the Parliamentary Standing Committee on the Dam Safety

Bill 2010. The report of para-wise compliance on the recommendations of the

ParliamentaryStandingCommitteeis given as Annexure-III, reference page no 62-80.

Seventh Schedule to the Constitution as opined by the Ld Solicitor General

Justification for the Proposal:

2.1 Safety of dams ISvery Importantfor safeguardingthe huge investment In critical

matter of great concern to the general public

national obligations under existing internationaltreaties and conventions, such as those

relating to trans boundary watercourses, wet land, desertification, biological diversity,

flora and fauna, world heritageand the environment.

23 The Ld Solicitor General of India, while giving his considered opinion, on

construction. However, 3654 dams (75% completed dams) have

deferred maintenance or because of the design and construction

b The existing dams have been constructed with huge Investments

including substantial investments in terms of social and environmental

costs Long-term sustenance of these assets IS Vital for drawing

planned operational benefits from these assets

c Many of the dams would have inter-stateramificationsIn case of actual failure

disaster 1800 to 25000 people) In absence of statutory arrangements, the

interests of the downstream states cannot be safeguarded.This may result

Into Interstate conflicts as well as increase in requirement of judicial

and National Committee on Dam Safety, has been continuously

endeavouring to improve the safety conditions of large dams in the country

Howeverfor want of proper statutoryprovisions,functioningof these entities IS

limitedto advisory role without any capacityof enforcementof such advice.

also expected to help In standardizing and improving the dam safety

detailed Inter-mirustenalconsultationwere carried out by the Ministryof Water Resources

with Ministry of Finance (Department of Expenditure), National Disaster Management