The Dam Safety Act, 2021 establishes a uniform legal regime for surveillance, inspection, operation and maintenance of “specified dams” in India. A “specified dam” is defined by height and risk parameters, bringing these structures under stringent safety protocols. The Act creates a three-tier institutional framework: the National Committee on Dam Safety (NCDS), the National Dam Safety Authority (NDSA) and State-level counterparts. It assigns clear duties to dam owners—including regular inspections, instrumentation, record-keeping and emergency planning—and prescribes penalties for non-compliance. This first part introduces the Act’s scope and key definitions, elaborates the criteria for specified dams, and outlines the national and state institutional mechanisms for dam safety.
Chapter I: Preliminary and Application
The Act extends to all of India and applies to every “specified dam”, as declared by the Central Government (Sec 1(2)–(3)) .
It declares it expedient in the public interest for the Union to regulate uniform dam-safety procedures (Sec 2) .
Every owner of a specified dam—including Central/State agencies and public sector undertakings—falls within its purview (Sec 3).
Chapter II: Definitions and Criteria for Specified Dams
Key Definitions
The Act defines “specified dam” as any dam:
- over 15 m in height from the lowest foundation to crest; or
- between 10–15 m in height if it meets risk-based parameters like gross storage capacity (> 1 MCM), downstream hazard potential or high population density downstream (Sec 4) .“Annual report” means a document detailing the Authority’s and SDSO’s activities and the safety status of specified dams (Sec 4) “Vulnerability and hazard classification” refers to systems that categorize dams by condition, location or hazard potential (Sec 4)
Criteria for Specified Dams
All dams > 15 m are automatically “specified” by height alone (Sec 4) .
Dams 10–15 m qualify if they:
- have gross storage capacity > 1 million m³;
- pose significant potential loss of life or property;
- lie in high seismic or rainfall zones (Sec 4).
Even dams below 10 m may be designated if assessed to have high hazard potential based on location, age-related degradation, or complex design features (Sec 4) .
Chapter III: National Institutional Framework
1. National Committee on Dam Safety (NCDS)
Sections 5–7 establish the NCDS as a policy-making and advisory body chaired by the Secretary, Department of Water Resources, with representation from key Central Ministries and dam-owning organizations .
It meets twice annually—before and after monsoon—to review dam-safety policies, hazard classifications and guidelines .
2. National Dam Safety Authority (NDSA)
Sections 8–10 constitute the NDSA as a statutory regulator headquartered in Delhi under an Additional Secretary–rank officer .
Its powers include calling for dam-safety information, issuing binding directions to States or owners, and resolving inter-State disputes on dam safety .
Chapter IV: State-Level Bodies
1. State Committee on Dam Safety
Sections 11–12 require each State to form a high-level advisory committee chaired by the Secretary of the State Water Resources Department to guide dam-safety policy implementation .
2. State Dam Safety Organisation (SDSO)
Sections 13–15 mandate an SDSO in each State, staffed by qualified engineers and specialists, responsible for:
- routine inspections and surveillance;
- maintaining a central repository of dam-data;
- enforcing safety guidelines and emergency planning;
- preparing annual safety-status reports for each specified dam (Sec 45) .
References for Part 1
- The Dam Safety Act, 2021 (Act No. 41 of 2021), Chapters I–III, Sections 1–15
- Definitions under Sec 4,
- Criteria for intermediate-height dams, Critical Appraisal of the Dam Safety Act 2021
Below is Part 2 of the comprehensive, textbook-style article on the Dam Safety Act, 2021 and the framework for “specified dams” in India. It continues from Part 1 and covers Owner obligations, Safety Inspections and Monitoring, Emergency Action Plans, Comprehensive Safety Evaluations, Offences & Penalties, and Miscellaneous Provisions—all organized by Chapter and section.
Summary of Key Provisions in Part 2
Part 2 details the duties and documentation required of dam-owners (Chapters VI–VII), the mandatory safety inspections and real-time monitoring instrumentation (Chapter VII), the structure and content of Emergency Action Plans (Chapter VIII), the process for in‐depth safety evaluations (Chapter IX), the penalties and offences for non-compliance (Chapter X), and various enabling and miscellaneous clauses including rule-making, reporting, and the “power to remove difficulties” (Chapters XI–XII). Together, these provisions form a coherent safety regime to prevent dam failures and protect downstream communities.
Chapter VI: Owner’s Duties, Documentation and Initial Filling
1. Operation and Maintenance Manual (Sections 28–29)
Every owner of a specified dam must establish an operation and maintenance establishment with adequate trained personnel on-site at all times (Sec 28(1)) . Owners are also required to prepare and strictly follow a detailed Operation and Maintenance Manual, documenting procedures for routine and emergency operations (Sec 28(2)) . The Act clarifies that nothing in it absolves owners of their pre-existing duties, liabilities or obligations related to dam construction, operation, maintenance and supervision (Sec 29) .
2. Surveillance, Inspection and Record-Keeping (Sections 16–24)
Owners must conduct daily surveillance and periodic inspections by qualified engineers (Sec 16) . They are to classify each dam by hazard potential (Sec 17), maintain log books, incident reports and performance records (Secs 18–19), and promptly report any dam incidents or deficiencies to the State Dam Safety Organisation (Sec 20) . Costs for investigations, repairs or remedial measures following any unsafe condition are borne by the owner (Secs 21, 25) .
Chapter VII: Safety Inspections and Instrumentation
1. Dam Safety Unit (Section 30)
For each specified dam, owners must form a Dam Safety Unit staffed by engineers and technical personnel, stationed on-site throughout the monsoon and any emergency period (Sec 30(1)(b)) . This unit compiles inspection reports and forwards them to the SDSO for analysis and recommendations (Sec 30(1)(c)) .
2. Instrumentation (Section 32)
Every specified dam must have a minimum set of instrumentation (e.g., piezometers, inclinometers) installed in prescribed locations to monitor structural performance (Sec 32(1)) . Owners must maintain records of all readings and periodically submit analyses to the SDSO as per regulations (Sec 32(2)) .
3. Hydro-Meteorological & Seismological Stations (Sections 33–34)
Owners must establish a hydro-meteorological station near each dam to record rainfall, inflow, and related data (Sec 33(1)) , and store processed data locally (Sec 33(2)). Dams over 30 m or in specified seismic zones require a seismological station for earthquake monitoring, with data collection and storage protocols outlined in regulations (Secs 34(1)–(2)).
Chapter VIII: Emergency Action Plans & Disaster Management
1. Emergency Action Plans (Section 35)
Each owner must prepare, update at specified intervals, and publish an Emergency Action Plan (EAP) in coordination with local disaster management authorities (Sec 35(1)). The EAP must detail procedures to protect life and property upstream and downstream in the event of dam failure or imminent threat, including the types of emergencies, warning systems, and roles of stakeholders (Sec 35(2)(a)–(b)).
2. Disaster Management Coordination (Section 36)
Owners must participate in mock drills, coordinate with State and District Disaster Management Authorities, and facilitate downstream evacuation and flood-control measures as needed (Sec 36).
Chapter IX: Comprehensive Safety Evaluations
1. In-Depth Evaluations (Sections 38–40)
The Authority may mandate comprehensive safety evaluations—covering design, construction, instrumentation, hydrology, and seismic aspects—conducted by independent expert panels (Sec 38) . Following any dam incident, a forensic evaluation is required, with a detailed report submitted within prescribed timelines (Sec 39) . The Authority reviews these reports and can direct remedial or structural measures to ensure dam integrity (Sec 40) .
Chapter X: Offences, Penalties and Adjudication
1. Penalties for Non-Compliance (Sections 41–44)
Obstructing inspections, failing to implement safety directions, or providing false information attracts fines and/or imprisonment (Secs 41–42) . Companies and government departments are equally liable, and designated Courts are empowered to take cognizance of offences (Secs 43–44) .
Chapters XI–XII: Miscellaneous and Enabling Provisions
1. Annual Reports & Data Repository (Section 45)
The Authority and each SDSO must publish annual safety-status reports, summarizing surveillance data, inspection findings, incidents, and corrective measures (Sec 45) .
2. Dams Not Classified as “Specified” (Section 46)
The Central Government may issue guidelines for surveillance and safety of dams not classified as “specified” under the Act (Sec 46) .
3. Ex-Territorial Application & Overriding Effect (Sections 47–48)
Provisions extend to specified dams outside India owned by Indian entities (Sec 47) and override any inconsistent State laws (Sec 48) .
4. Rule-Making & Power to Remove Difficulties (Sections 52–56)
The Central Government, Authority, and States may frame rules and regulations for effective implementation (Secs 52–54), and a “power to remove difficulties” clause addresses emergent issues during implementation (Sec 56) .
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