Act41

Enacted 2021

The Dam Safety Act, 2021

In force 56 sections Jal Shaktri

An Act to provide for surveillance, inspection, operation and maintenance of the specified dam for prevention of dam failure related disasters and to provide for institutional mechanism to ensure their safe functioning and for matters connected therewith or incidental thereto.

Act 41 of 2021 Enacted 13 Dec 2021 In force 30 Dec 2021 Department Department of Water Resources, River Development and Ganga Rejuvenation

Administered by. Ministry of Jal Shaktri, Department of Water Resources, River Development and Ganga Rejuvenation · Other Acts of 2021

Preamble

THE DAM SAFETY ACT, 2021
ACT NO. 41 OF 2021
[13th December, 2021.] An Act to provide for surveillance, inspection, operation and maintenance of the specified dam for prevention of dam failure related disasters and to provide for institutional mechanism to ensure their safe functioning and for matters connected therewith or incidental thereto.
BE it enacted by Parliament in the Seventy-second Year of the Republic of India as follows:—

What this Act covers

Summary of The Dam Safety Act, 2021

Overview

*Purpose: Ensures the safe functioning of specified dams through surveillance, inspection, operation, and maintenance to prevent dam failure-related disasters. *Jurisdiction & Commencement: Applicable across India, with commencement on 30th December, 2021.

Key Institutional Mechanisms

1. National Committee on Dam Safety

• Evolves dam safety policies.

• Recommends necessary regulations.

2. National Dam Safety Authority (Authority)

• Implements policies and makes regulations.

• Provides technical assistance to State Dam Safety Organisations.

• Resolves disputes between State Dam Safety Organisations or with dam owners.

• Maintains a national database of specified dams.

3. State Committee on Dam Safety & State Dam Safety Organisation

• State-level oversight and implementation of dam safety guidelines.

Core Provisions

1. Dam Safety Units & Inspections

• Mandatory dam safety units within owner's operation and maintenance setup.

• Annual pre and post-monsoon inspections, plus inspections after natural/man-made calamities.

2. Instrumentation & Data Collection

• Installation of specified instrumentations for performance monitoring.

• Establishment of hydro-meteorological and seismological stations for data collection.

3. Comprehensive Dam Safety Evaluation

• First evaluation within 5 years of Act's commencement, then at intervals specified by regulations.

• Includes design, construction, operation, and seismic safety reviews.

4. Emergency Preparedness

• Emergency Action Plans: Mandatory for all specified dams, updated regularly.

• Risk Assessment Studies: At intervals specified by regulations, first within 5 years.

5. Qualifications & Construction/Alteration

• Prescribed qualifications for individuals in dam safety.

• Accreditation requirements for agencies involved in dam construction/alteration.

6. Oversight & Reporting

• Annual reports by State Dam Safety Organisations and the Authority.

• Reports laid before Parliament/State Legislatures.

Regulatory & Miscellaneous Provisions

• Regulatory Framework: Rules by Central/State Governments and Regulations by the Authority.

• Overriding Effect: Precedence over inconsistent provisions in other laws.

• Transboundary Considerations: Provisions for dams outside India affecting Indian interests.

Schedules (Summarized from Provided Context)

• The First Schedule: Outlines 11 functions of the National Committee on Dam Safety, including policy evolution, distress condition relief, and research identification.

• The Second Schedule: Details 32 functions of the National Dam Safety Authority, encompassing regulation, dispute resolution, database maintenance, and accreditation.

• The Third Schedule: (Not summarized due to lack of provided content) Functions of State Committee on Dam Safety, including guideline adherence, work review, and mitigation coordination.

Enforcement & Compliance

• Enforceable Directions: By the Authority for safety and remedial measures.

• Funding Responsibility: Owners must provide adequate funds for remedial measures.

• Penalties: (Not detailed in the summary, implies presence in the full Act for non-compliance)

Sections

Type to filter. 56 sections.

Legislative history

Legislative History: The Dam Safety Act, 2021 Sources : India Code (indiacode.nic.in), Ministry of Jal Shakti Official Records Short Title - The Dam Safety Act, 2021 Act Number / Year - Act No. 41 of 2021 Act ID (India Code) - 202141 Presidential Assent / Enactment Date - December 13, 2021 Official Gazette Publication - December 30, 2021 Enforcement Date - December 30, 2021 Nodal Ministry - Ministry of Jal Shakti Nodal Department - Department of Water Resources, River Development and Ganga Rejuvenation Precedent & Statutory Rationale 1. Need for a Uniform Standard for Dam Safety: o Prior to 2021, the safety of specified dams across India was governed by a patchwork of state-level regulations, institutional frameworks, and guidelines, leading to inconsistencies in surveillance, inspection, operation, and maintenance. o With thousands of large dams aging across the country, catastrophic failures posed severe risks to human life, property, and river ecology, necessitating a robust, centralized, and standardized national legal framework. 2. Establishment of Institutional Mechanisms: o The Act provides for the surveillance, inspection, operation, and maintenance of specified dams to prevent dam failure-related disasters. o It establishes key institutional bodies at both national and state levels: the National Committee on Dam Safety, the National Dam Safety Organisation, State Dam Safety Organisations, and State Committees on Dam Safety to ensure uniform safety protocols and accountability. Parliamentary Trajectory & Enactment • Formulation: Piloted and drafted by the Ministry of Jal Shakti (Department of Water Resources, River Development and Ganga Rejuvenation) to address nationwide dam safety concerns and fulfill long-standing recommendations of various expert panels. • Parliamentary Passage: Tabled, debated, and passed by both Houses of Parliament, receiving Presidential Assent on December 13, 2021. • Enforcement: Enforced on December 30, 2021.

Schedules

This Act has 3 schedules. A schedule is published as a document of its own; the text is reproduced on its page where it has been read, and the document is mirrored here either way.

Rules made under this Act

8 sets of Rules. India Code publishes Rules as a record and a document rather than as text, so these are indexed here and not reproduced. All Rules.

Constitution of Sub-Committee for framing the draft Rules/Regulations under Section 54 of Dam Safety Act, 20212022
Establishment of the National Dam Safety Authority2022
National Committee on Dam Safety2022
National Committee on Dam Safety (Procedures, Allowance and other Expenditure) Rules, 2022 & National Dam Safety Authority (Functions and Powers) Rules, 20222022
National Dam Safety Authority2022
Nomination of members for the National Committee on Dam Safety2022
the State Dam Safety Organisation (SDSO)2022
Dam Safety Act, 2021 Commencement of Notification2021

Related Acts

The Brahmaputra Board Act, 198030 sections
The Betwa River Board Act, 197624 sections
The River Boards Act, 195629 sections
The Inter-State River Water Disputes Act, 195617 sections
The Northern India Canal and Drainage Act, 187375 sections

Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Every one of the 56 sections of this Act has its own page. This page is not a substitute for legal advice.