Chapter XII CONSTITUTION OF DAM SAFETY AUTHORITY

(1) With effect from such date as the Government may, by notification in the gazette, appoint, there shall be constituted for the purpose of surveillance, inspection and advice on maintenance of dams situated within the territory of the State an authority to be called the Kerala Dam Safety Authority.

(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.

Explanation:- For the purpose of this Chapter,-

"dam" means any artificial barrier including appurtenant work constructed across a river or tributaries thereof with a view to impound or divert water for irrigation, drinking water supply or for any other purpose.

(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) The Chief Engineer, Investigation and Design shall be the Member Secretary of the Authority.

(3) The term of office and other conditions of service of the members shall be such as may be prescribed.

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, including the quorum there at, as may be provided by regulations.

No act or proceeding of the Authority shall be invalidated merely by reason of,-

(a) any vacancy in, or any defect in the constitution of the Authority; or

(b) any defect in the appointment of a person acting as a member of the Authority; or

(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) Notwithstanding anything contained in any treaty, agreement or instrument, the Authority shall have the following functions, namely:-

(a) to arrange for the safety evaluation of all dams in the State;

(b) to conduct periodical inspection of the dam;

(c) to advise any alteration, improvement or replacement of all or any part of the dam found to be in a hazardous condition;

(d) to advise Government or other agencies about policies and procedures to be followed in site investigation, design, construction, operation and maintenance of dams;

(e) to advise Government to suspend the functioning of any dam if the public safety so demands;

(f) to examine the precariousness of any dam, in public interest and to submit its recommendations to the Government;

(g) to inspect and advise Government on advisability of raising or lowering of the reservoir level of any dam taking into account the safety of the dam concerned and the environmental aspects involved;

(h) to inspect and advise the Government on the sustainability of any dam to hold the water in the reservoir thereof;

(i) such other functions as may be assigned by the Government.

63. Grants by the Government.-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

64. Budget.- 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.

65. Annual Report.- 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.

66. Accounts and audit.- 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.

67. Annual report and auditors report to be laid before the Assembly.- 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.

68. Members of the Authority to be public servants.- 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 there under, be deemed to be public servants within the meaning of section 21 of the Indian Penal Code, 1860 (Central Act 45 of 1860).

69. Power of the Authority to make regulations.-The Authority may, by notification, make regulations not in consistent with this Act and the rules made thereunder to carry out the provisions of this Act.