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 to 15 metres, subject to certain design and structural conditions. This includes dams on both inter and intra-state rivers. The Act has raised the issue whether Parliament has the jurisdiction to frame a law on intra-state dams.
Water is under the state list (Entry 17), but the Centre has brought the legislation under Article 246 of the Constitution. (Article 246 empowers Parliament to legislate on any matter enumerated in List I of the Union List in the Seventh Schedule of the Constitution.)
As per Entry 17 of the State List, states can make laws on water supply, irrigation and canals, drainage and embankments, water storage and water power, subject to Entry 56 of the Union List. Entry 56 of the Union List allows Parliament to make laws on the regulation of inter-state rivers and river valleys if it declares such regulation to be expedient in public interest. The Bill declares it expedient in public interest for the Union to regulate on a uniform dam safety procedure for all specified dams.
According to the Ministry, the Parliament enacted the act within the constitutional framework. It was not violative of Articles 246(3), 14, 19 and 21 and the basic feature of the Constitutionas
The Act has stipulated guidelines for the safety of the specified dams in the country. It is not restricted to a particular river, project or a dam.
The other issue is related to the authorities formed under the Act. The functions of the National Committee on Dam Safety, the National Dam Safety Authority, and the State Committee on Dam Safety are provided in Schedules to the Bill. Their functions include: (i) resolving issues between State Dam Safety Organisations (SDSOs), or between a SDSO and a dam owner, (ii) assessing potential impact of dam failure and coordinating mitigation measures with affected states, and (iii) supervising dam rehabilitation programmes. These Schedules can be amended through notification. This implies that the core functions of these bodies can be changed by the government through notification without prior amendment of the Act by Parliament.
The states have also raised objection, mainly Tamil Nadu. They allege it contains clauses which violate the rights of the state, especially with respect to the dams constructed by it in neighbouring states, and will cause problems in maintenance and operation. The main concern of the state is about retaining its power in controlling the dams, autonomy, and ownership of the assets.
However, the passage of this Bill heralds a new era of dam safety and water resources management in India.
A dam is a structure that is built on rivers, streams, or estuaries for conserving water. It directly helps to supply people with adequate water for consumption, industrial and irrigation purposes.
Dams usually play a role in mitigating the impacts of regular floods. At the same time they introduce a catastrophic hazard of even greater flooding in the event of dam failure.
Dam failure has multiple instigating factors, both man-made (bad design, ineffective monitoring, bad operations & maintenance (O&M) etc.) and natural (heavy rains, landslides etc.). Therefore, knowing how existing and proposed dams can fail, and the consequences of their failure is crucial for mitigating disaster risk created by their construction. Most recently heavy floods reportedly damaged the barrages of the Rishiganga hydropower dam, which exacerbated the flood and led to significant human casualties and property damage.
As a large amount of water may be stored in a dam’s reservoir, its failure can cause large scale damage to life and property. Hence government has enacted Dam Safety Act.
The Dam Safety Bill provides for adequate surveillance, inspection, operation, and maintenance of all the large dams in the country so as to prevent dam failure related disasters. The Bill provides for an institutional mechanism at both Central and State levels to address structural and non-structural measures required for ensuring the safe functioning of dams.
The Dam Safety Bill provides for adequate surveillance, inspection, operation, and maintenance of all the large dams in the country so as to prevent dam failure related disasters. The Bill provides for an institutional mechanism at both Central and State levels to address structural and non-structural measures required for ensuring the safe functioning of dams.
The provisions are:
Obligation of dam owners
Dam safety authorities and delegated legislation
Offences and penalties
What steps have been taken by the Centre after the enactment of the law? The Union Ministry of Jal Shakti issued four notifications regarding the NCDS and the NDSA. The NCDS will be chaired by the Central Water Commission’s chief. Apart from different Central departments and organisations, the panel includes seven representatives of States by rotation, in addition to three specialists in the field of dam safety. The States have been divided into seven groups. The panel would meet twice a year, one of which would be before the onset of the southwest monsoon. As for the NDSA, it would have five members to assist its head, dealing with subjects such as policy and research, regulation, disaster, and resilience. It will have four regional offices, providing coordination services with the respective State Dam Safety Organisations and owners of the dams. |
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