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Sections
Rule - 1. Short-title and commencement :-
National Dam Safety Authority
(Functions And Powers) Rules, 2022
[17 February 2022]
G.S.R.
135(E).-In exercise of the powers conferred by clauses (b) and (c) of
sub-section (2) of section 52 of the Dam Safety Act, 2021 (41 of 2021), the
Central Government hereby makes the following rules, namely:
Rule - 1. Short-title and commencement :-
(1)
These
rules shall be called the National Dam Safety Authority (Functions and Powers)
Rules, 2022.
(2)
They
shall come into force on the date of their publication in the Official Gazette.
Rule - 2. Definitions :-
(1)
In
these rules, unless the context otherwise requires:
(a)
"Act"
means the Dam Safety Act, 2021 (41 of 2021);
(b)
"Authority"
means the National Dam Safety Authority (NDSA) established under section 8 of
the Act;
(c)
"Chairman"
means the Chairman of the National Dam Safety Authority, who heads the
Authority as per sub-section (2) of section 8 of the Act;
(d)
"National
Committee" means the National Committee on Dam Safety constituted under
section 5 of the Act;
(e)
"section"
means a section of the Act.
(2)
Words
and expressions used herein and not defined in these Rules but defined in the
Act shall have the meanings respectively assigned to them in the Act.
Rule - 3. Structure of the Authority :-
(1)
The
Chairman, National Dam Safety Authority shall be the head of the Authority.
(2)
There
shall be five Members to assist the Chairman, NDSA. Each Member shall be
heading one of the following five wings with the assigned functions as below:
|
S.No |
Wings |
Functions (As
assigned in the 2nd Schedule of the Act) |
|
(I) |
Policy
& Research: Secretariat
of the ‘National Committee on Dam Safety’ and its sub-committees;
formulation/revision of various guidelines, manuals, checklists, Research
& Development, Public awareness and dissemination, vulnerability and
hazard classification of dams etc.; |
(1)
Maintain liaison with the State Dam Safety Organizations and the owners of
the specified dams for standardisation of dam safety related data and
practices, and related technical or managerial assistance; (2)
Lay down guidelines and check-lists for the routine inspection and detailed
investigation of the specified dams and appurtenant structures; (3)
Lay down the uniform criteria for vulnerability and hazard classification of
the specified dams in the country, and review such criteria as and when
necessary; (4)
Lay down guidelines for review of design floods of existing the specified
dams; (5)
Lay down guidelines for review of site specific seismic parameter studies of
the specified dams; (6)
Promote general education and awareness in respect of dam safety; (7)
Provide Secretarial assistance to the National Committee and its
sub-committees; (8)
Any other specific matter relating to dam safety which may be referred to it
by the Central Government. |
|
(II) |
Technical: Directions
on manpower, activities related to individual expert, matters related to
experience and qualification of dam safety staff and official, accreditation
of agencies for investigation, design, construction and quality control etc. |
(1)
Provide the state-of-the-art technical and managerial assistance to the State
Dam Safety Organizations; (2)
Maintain a national level database of all specified dams in the country,
including serious distress conditions, if any, noticed therein; (3)
Maintain the records of major dam failures in the country; (4)
Give directions regarding qualifications and experience requirements of
individuals responsible for safety of the specified dams (5)
Accord accreditations to the agencies that may be entrusted with the
investigation, design, construction and alteration of the specified dams; (6)
Disqualify any agency for taking up investigation, design, construction or
alteration of the specified dams, if it violates any of the regulations made
under this Act; (7)
Give directions regarding qualification and experience requirements of
individuals responsible for investigation, design and construction of the
specified dams; (8)
Give directions regarding quality control measures to be undertaken during
construction of the specified dams; (9)
Lay down guidelines for preventive measures in the areas vulnerable to
landslides in the vicinity of a specified dam under construction; (10)
Give directions regarding competent levels of engineers in the dam safety
units of the specified dams on the basis of vulnerability and hazard
classification of such dams; |
|
(III) |
Regulation
: Dam
safety regulations; maintenance of log-books, instrumentation, hydrometeorological
stations, seismological stations, risk assessment studies, comprehensive dam
safety evaluation etc.; parliament questions and parliament committee matters |
(1)
For the purpose of maintaining standards of dam safety and prevention of dam
failure related disasters, discharge such functions as related to
implementation of the policies made by the National Committee including
making regulations on the recommendations of the National Committee; (2)
Give direction regarding maintenance of log books and database; (3)
Give directions regarding instrumentation requirements and manner of their
installation for monitoring the performance of the specified dams; (4)
Give directions regarding data requirements of hydrometeorological stations
in the vicinity of the specified dams; (5)
Give directions regarding data requirements of seismological stations in the
vicinity of the specified dams; (6)
Give directions regarding time interval for the risk assessment studies of
the specified dams on the basis of vulnerability and hazard classification of
such dams; (7)
Give directions regarding constitution of independent panel of experts for
comprehensive dam safety evaluation of the specified dams; (8)
Give directions regarding time interval for the comprehensive safety
evaluation of the specified dams on the basis of vulnerability and hazard
classification of such dams. |
|
(IV) |
Disaster
& Resilience: Resolution
of conflicts between States/ dam owners; technical & managerial
assistance to States/dam owners; investigation of dam failures and other
public safety concerns; emergency action plan, preparation of annual report; |
(1)
Resolve any issue between the State Dam Safety Organisations of States or
between a State Dam Safety Organisations and any owner of a specified dam in
that State; (2)
Examine, as and when necessary, either through its own engineers or through a
panel of experts, the cause of any major dam failure, and submit its report
to the National Committee; (3)
Examine whenever required, either through its own engineers or through a
panel of experts, the cause of any major public safety concern in respect of
any specified dam, and issue appropriate instructions relating to further
investigations, operational parameters or remedial measures; (4)
Give directions regarding time interval for updating the emergency action
plans of the specified dams on the basis of vulnerability and hazard
classification of such dams; (5)
Establishment of an early warning system incorporating appropriate framework
for the exchange of real time hydrological and meteorological data and
information related to operation of reservoirs by the owner of a dam. (6)
Provide coordination & overall supervision of dam rehabilitation programs
that are executed in the States through central or externally aided funding. (7)
Prepare Annual Report of the dam safety activities in the country to be laid
before each House of Parliament. |
|
(V) |
Administration
& Finance: |
All
activities related to service matter of human resources, finance, vigilance,
legal, Information Technology as well as any matter referred to it by the
Central Government. |
(3)
Authority shall be supported with
four regional offices covering States and Union Territories in below listed
manner:
|
S.No |
Regional Office |
Name of States/
Union Territories |
|
1 |
Northern
Region |
Jammu
& Kashmir, Ladakh, Chandigarh, Delhi, Uttar Pradesh, Punjab, Haryana,
Uttarakhand and Himachal Pradesh. |
|
2 |
Eastern
& North Eastern Region |
Bihar,
Jharkhand, West Bengal, Chhattisgarh, Odisha, Sikkim, Assam, Meghalaya,
Arunachal Pradesh, Nagaland, Manipur, Mizoram and Tripura. |
|
3 |
Western
Region |
Rajasthan,
Gujarat, Madhya Pradesh, Maharashtra, Dadra and Nagar Haveli and Daman &
Diu and Goa. |
|
4 |
Southern
Region |
Telangana,
Andhra Pradesh, Karnataka, Kerala, Tamil Nadu, Puducherry, Lakshadweep and
Andaman & Nicobar Island. |
(4)
The
headquarter of the Authority shall be in the National Capital Region of Delhi
and the Authority
may establish regional offices at other places in India. Authority may also
establish field offices under its regional offices, as felt necessary from time
to time, to fulfil its functions.
(5)
offices
shall serve as liaisoning offices of the Authority, and shall provide
coordination services
with the respective State Dam Safety Organisations and dam owners of the
specified dams. The administrative control of the Northern Region office shall
be with Member (Policy & Research), Eastern & North Eastern Region
office with Member (Technical), Western Region office with Member( Regulation)
and Southern Region office with Member (Disaster & Resilience).
(6)
In case where a specified dam is owned by a Central
Public Sector Undertaking or where a specified dam is extended over two or more
States, or where the specified dam in one State is owned by another State, then
the Authority shall be construed as the State Dam Safety Organisation.
Rule - 4. Expenditure of the Authority :-
(1)
All expenses (capital and
revenue expenditure) incurred by the Authority for discharging of its
functions, shall be borne by the Central Government.
(2)
The accounts of the
Authority shall be audited as per Government of India norms i.e. by the
Comptroller and Auditor General of India or his nominee.
(3)
The Authority shall enter
into such contracts and agreements as may be necessary and essential for the
full and proper performance of the functions and duties assigned to it by the
Central Government.