The Dam Safety Bill, 2019

Highlights of the Bill

The Bill provides for the surveillance, inspection, operation, and maintenance of all specified dams across the country. These are dams with height more than 15 metres, or height between 10 metres to 15 metres with certain design and structural conditions.
It constitutes two national bodies: the National Committee on Dam Safety, whose functions include evolving policies and recommending regulations regarding dam safety standards; and the National Dam Safety Authority, whose functions include implementing policies of the National Committee, providing technical assistance to State Dam Safety Organisations (SDSOs), and resolving matters between SDSOs of states or between a SDSO and any dam owner in that state.
It also constitutes two state bodies: State Committee on Dam Safety, and State Dam Safety Organisation. These bodies will be responsible for the surveillance, inspection, and monitoring the operation and maintenance of dams within their jurisdiction.
Functions of the national bodies and the State Committees on Dam Safety have been provided in Schedules to the Bill. These Schedules can be amended by a government notification.
An offence under the Bill can lead to imprisonment of up to two years, or a fine, or both.

Features

The Bill applies to all specified dams in the country. These are dams with:
(i) height more than 15 metres, or
(ii) height between 10 metres to 15 metres and satisfying certain additional design conditions such as, reservoir capacity of at least one million cubic meter, and length of top of the dam at least 500 metres.

Key Issues and Analysis

The Bill applies to all specified dams in the country. This includes dams built on both inter and intra state rivers. As per the Constitution, states can make laws on water including water storage and water power. However, Parliament may regulate and develop inter-state river valleys if it deems it necessary in public interest. The question is whether Parliament has the jurisdiction to regulate dams on rivers flowing entirely within a state.
The functions of the National Committee on Dam Safety, the National Dam Safety Authority, and the State Committee on Dam Safety are listed in Schedules to the Bill. These Schedules can be amended by the government through a notification. The question is whether core functions of authorities should be amended through a notification or whether such amendments should be passed by Parliament.

Obligation of dam owners

Dam owners will be responsible for the safe construction, operation, maintenance and supervision of a dam. They must provide a dam safety unit in each dam. This unit will inspect the dams:

(i) before and after monsoon season, and

(ii) during and after every earthquake, flood, calamity, or any sign of distress.

Functions of dam owners include:

(i) preparing an emergency action plan,

(ii) carrying out risk assessment studies at specified regular intervals, and

(iii) preparing a comprehensive dam safety evaluation through a panel of experts.

Dam safety authorities and delegated legislation

The Bill provides for dam safety regulatory and monitoring authorities at the national and state level. The functions of the national bodies and the State Committees on Dam Safety have been provided in Schedules to the Bill. The central government can amend these Schedules through a notification.

At the national level, it constitutes

(i) the National Committee on Dam Safety, whose functions include evolving policies and recommending regulations regarding dam safety, and

(ii) the National Dam Safety Authority, whose functions include implementing policies of the National Committee, and resolving matters between State Dam Safety Organisations (SDSOs), or between a SDSO and any dam owner in that state. The central government may notify the qualifications, and functions of the officers of the National Dam Safety Authority.

At the state level, it constitutes the

(i) State Dam Safety Organisations (SDSOs), whose functions include keeping perpetual surveillance, inspecting, and monitoring dams, and

(ii) State Committee on Dam Safety which will supervise state dam rehabilitation programs, review the work of the SDSO, and review the progress on measures recommended in relation to dam safety, among others. State governments may notify the qualifications, and functions of officers of the State Dam Safety Organisations. They may also notify dam safety measures to be undertaken by owners of non-specified dams.