Chapter XII CONSTITUTION OF DAM SAFETY AUTHORITY

1. (1) With effect from such date as the Government may, by notification in the gazette, appoint, there shall be constituted for the purpose of 1[ensuring the safety and security] and advice on maintenance of dams situated within the territory of the State an authority to be called the Kerala Dam Safety Authority.
2. (2) The Authority shall be a body corporate by the name aforesaid, having perpetual succession and a common seal, and shall, by the said name sue and be sued. 2[xxxx] 1[(3) The provisions contained in this Chapter shall be in addition to and not in derogation of any other provisions contained in any other law for the time being in force and none of the provisions in this Chapter shall be construed, treated or read as infructuous or unenforceable on account of any provisions under any law for the time being in force.]

¹ Substituted by Act 4 of 2006. (w.e.f. 18.03.2006)

² Deleted by Act 4 of 2006. (w.e.f. 18.03.2006)

1. (1) The authority shall consist of the following members, namely:—
   • (a) a retired Judge of the High Court who shall be the Chairman of the authority ;
   • (b) the Secretary to Government, Water Resources Department; ex-officio;
   • (c) the Chief Engineer, Investigation and Design and two other Chief Engineers of the Water Resources Department to be nominated by the Government; ex-officio;
   • (d) the Chief Engineer, Central Water Commission, nominated by the Government ;
   • (e) the Chief Engineer (Civil), The Kerala State Electricity Board ;
   • (f) the Chairman, Kerala State Pollution Control Board ; ex-officio ;
   • (g) two experts in the field of conservation of water resources and dams to be nominated by the Government ;
   • (h) an eminent geologist, nominated by the Government ;
     • (i) the Director of Centre for Earth Science Studies (CESS); ex-officio ;
   • (j) the Principal Chief Conservator of Forests ; ex-officio. 2[(k) a police officer not below the rank of an Inspector General of Police to be nominated by the Government.]
2. (2) The Chief Engineer, Investigation and Design shall be the Member Secretary of the Authority.
3. (3) The term of office and other conditions of service of the members shall be such as may be prescribed.

¹ Inserted by Act 4 of 2006. (w.e.f. 18.03.2006)

² Inserted by Act 16 of 2018. (w.e.f. 08.12.2017)

1[(1)] The Authority shall meet at such times and places and shall observe such rules of procedure in regard to the transaction of business at its meetings, 2[xxxx], as may be provided by regulations.

3[(2) The quorum for a meeting of the Authority shall be five members including the Chairman.]

No act or proceedings of the Authority shall be invalidated merely by reason of,—

1. (a) any vacancy in, or any defect in the constitution of the Authority; or
2. (b) any defect in the appointment of a person acting as a member of the Authority; or
3. (c) any irregularity in the procedure adopted by the Authority not affecting the merits of the case.

The Government shall appoint such number of officers and other employees in such manner, as may be prescribed to assist the Authority in the exercise of its powers and the performance of its functions under this Act.

1. (1) Notwithstanding anything contained in any other law, judgment, decree or order of any court or in any treaty, agreement, contract, instrument or other document, the Authority shall exercise the following functions, namely:—
   • (a) to evaluate the safety and security of all dams in the State considering among other factors, the age of the structures, geological and seismic factors, degeneration or degradation caused over time or otherwise;
   • (b) to conduct periodical inspections of all the dams;
   • (c) to advise the Government on security measures to be adopted in respect of any dam considering its vulnerability to terrorism, sabotage and the like;
   • (d) to direct the custodian to carry out any alteration, improvement, replacement or strengthening measures to any dam found to pose a threat to human life or property;
   • (e) to direct the custodian to suspend the functioning of any dam, to decommission any dam or restrict the functioning of any dam if public safety or threat to human life or property, so requires;
   • (f) to advise the Government, custodian, or other agencies about policies and procedures to be followed in site investigation, design, construction, operation and maintenance of dams;
   • (g) to conduct studies, inspect and advise the custodian or any other agency on the advisability of raising or lowering of the Maximum Water Level or Full Reservoir Level of any dam, not being a scheduled dam, taking into account the safety of the dam concerned;
   • (h) to conduct studies, inspect and advise the custodian or any agency on the sustainability or suitability of any dam not being a Scheduled dam, to hold water in its reservoir, to get expert opinion of International repute, and provide advise by dam-brake analysis and independent study and to direct strengthening measures or require the construction or commissioning of a new dam within a time frame to be prescribed to replace the existing dam;
     • (i) to carry out such other functions not inconsistent with the provisions of this Chapter and necessary or expedient to carry out the provisions of this Chapter; and
   • (j) such other functions as may be assigned to the Authority by the Government by notification in the Official Gazette.
2. (2) As soon as may be or within the time specified by the Authority after the receipt of the advice or recommendation under sub-section (1) the custodian or any other agency to whom it is addressed by the Authority shall act there on and take action in accordance with such advice or recommendation.
3. (3) Where a direction is issued by the Authority under sub-section (1) the custodian or any other agency to whom it is directed shall take immediate measures within the time frame stipulated by the Authority or do or refrain from doing such things within such time frame as may be stipulated, to comply with the directions of the Authority.
4. (4) Where the direction is issued to any agency other than the Government, the Government shall ensure that such other agency carries out the directions of the Authority within the time frame stipulated and all officers of the State and all legal remedies available to the State shall be utilised to ensure that the directions of the Authority are complied with.
5. (5) Where any order or direction issued under sub-sections (1) or (4) is not complied with within the time frame specified therein, the Authority may direct the Government to take possession and control of the dam for such period and take such measures or do such things or refrain from doing such things as may be necessary to give effect to the order or direction of the Authority and the cost incurred by the Government on that behalf shall be recovered from the custodian or any other agency to whom the order or direction was issued, as if it were arrears of revenue due on land, to the State.] 1[62 A. Scheduled dams.—(1) The details of the dams which are endangered on account of their age, degeneration, degradation, structural or other impediments are as specified in the SECOND SCHEDULE.
6. (2) Notwithstanding anything contained in any other law or in any judgment, decree, order or direction of any court, or any treaty, contract, agreement, instrument or document, no Government, custodian or any other agency shall increase, augment, add to or expand the Full Reservoir Level Fixed or in any other way do or omit to do any act with a view to increase the water level fixed and set out in THE SECOND SCHEDULE. Such level shall not be altered except in accordance with the provisions of this Act in respect of any Scheduled dam.
7. (3) Notwithstanding anything contained in any other law, or in any judgment, decree, order, direction of any court or any treaty, contract, agreement, instrument or document, any Government, custodian or any other agency intending to, or having secured any right under any treaty, contract, agreement, instrument or document or by any other means to increase, augment, add to or expand the storage capacity or increase the Full Reservoir Level Fixed of any Scheduled dam, shall not do any act or work for such purpose without seeking prior consent in writing of the Authority and without obtaining an order permitting such work by the Authority.
8. (4) Any act or work or preparation by any custodian or any other agency is in progress as on the date of commencement of the Kerala Irrigation and Water Conservation (Amendment) Act, 2006 shall immediately be stopped and the Government, custodian, or any other agency shall submit an application to obtain prior consent of the Authority for such intended increase, augmentation, addition or expansion of the storage capacity or for increase of Full Reservoir Level Fixed of the Scheduled dam and shall recommence the act or work or preparation only after prior consent in writing of the Authority is obtained. 62 B. Powers of the Authority.—(1) The Authority while dealing with applications for consent in writing for increasing, augmenting, adding to or expanding the storage capacity or the water spread area or for increasing of Maximum Water Level or Full Reservoir Level Fixed of Scheduled dams, shall have the powers of a Civil Court trying a suit under the Code of Civil Procedure, 1908 (Central Act 5 of 1908), in respect of the following matters, namely:—
   • (a) summoning and enforcing the attendance of any person and examining him on oath;
   • (b) requiring the discovery and production of any document;
   • (c) receiving evidence on affidavit;
   • (d) requisitioning any public record, or copy thereof from any Government, local authority, or from any other office; and
   • (e) issuing commissions for examination of witnesses or documents.
9. (2) The proceedings before the Authority shall be deemed to be a judicial proceeding within the meaning of section 193 and 228 of the Indian Penal Code, 1860 (Central Act 45 of 1860).]

¹ Numbered by Act 4 of 2006. (w.e.f. 18.03.2006)

² Deleted by Act 4 of 2006. (w.e.f. 18.03.2006)

³ Substituted by Act 16 of 2018. (w.e.f. 08.12.2017)

⁴ Substituted by Act 4 of 2006. (w.e.f. 18.03.2006)

The Government may, after due appropriation

made by the Legislative Assembly by law in this behalf, provide to the authority grants of such sums of money as the Government may consider necessary.

The Authority shall prepare, in such form and at such time in each

financial year as may be prescribed, its budget for the next financial year, showing the estimated receipts and expenditure of the authority and forward the same to the Government.

The authority shall prepare, in such form and at such time in

each financial year as may be prescribed, its annual report, giving a full account of its activities during the previous financial year and submit a copy thereof to the Government.

The accounts of the authority shall be maintained and

audited in such manner as may be prescribed and the authority shall furnish, to the Government, before such date as may be prescribed, its audited copy of account together with the auditor's report thereon.

The

Government shall cause the annual report and auditor's report to be laid, as soon as may be after they are received, before the Legislative Assembly.

All members, officers and

employees of the Authority shall, when acting or purporting to act in pursuance of the provisions of this Act or of any rule or regulation made thereunder, be deemed to be public servants within the meaning of section 21 of the Indian Penal Code, 1860 (Central Act 45 of 1860).

1. (1) No suit, prosecution or other legal proceedings shall lie against the Authority or against any officer or employee in respect of anything which is done in good faith or intended to be done in the discharge of official duties under this Act.
2. (2) No civil court shall have jurisdiction to settle, decide or deal with any question of fact or to determine any matter which is by or under this Act required to be settled, decided or dealt with or to be determined by the Authority under this Act.]

The Authority may, by

notification, make regulations not inconsistent with this Act and the rules made thereunder to carry out the provisions of this Act.