[Answered] Discuss various provisions of dams safety bill, 2019. Discuss its importance and various issues related to it.

The Dam Safety Bill, 2019 provides for the surveillance, inspection, operation, and maintenance of specified dams across the country.  It provides for an institutional mechanism to ensure the safety of such dams. Thus is important to ensure safety and security of the people of the region.

Provisions of the dam safety bill, 2019:

1. National Committee on Dam Safety: The National Committee on Dam Safety will be constituted and will be chaired by the Chairperson, Central Water Commission.  All other members will be nominated by the central government. Functions of the Committee include:
   • Formulating policies and regulations regarding dam safety standards and prevention of dam failures.
   • Analysing causes of major dam failures and suggesting changes in dam safety practices.
2. National Dam Safety Authority: The National Dam Safety Authority will be headed by an officer, not below the rank of an Additional Secretary, who will be appointed by the central government.  Functions of the Authority include:
   • Implementing the policies formulated by the National Committee on Dam Safety.
   • Resolving issues between State Dam Safety Organisations (SDSOs), or between a SDSO and any dam owner in that state.
   • Specifying regulations for inspection and investigation of dams.
   • Providing accreditation to agencies working on construction, design, and alteration of dams.
3. State Dam Safety Organisation: State governments will establish State Dam Safety Organisations (SDSOs).  All specified dams situated in a state will fall under the jurisdiction of that state’s SDSO.  Functions of the SDSOs include:
   • Keeping perpetual surveillance, inspecting, and monitoring the operation and maintenance of dams.
   • Keeping a database of all dams.
   • Recommending safety measures to owners of dams.
4. State Committee on Dam Safety: The Bill provides for the constitution of State Committees on Dam Safety by state governments. Functions of the Committee include:
   • Reviewing the work of the SDSO.
   • Ordering dam safety investigations.
   • Recommending dam safety measures and reviewing the progress on such measures.
   • Assessing the potential impact on upstream and downstream states.  These states will also have their representatives on the State Committee.
5. Obligations of dam owners: Owners of specified dams are required to provide a dam safety unit in each dam. This unit will inspect the dams: (i) before and after the monsoon session, and (ii) during and after every earthquake, flood, or any other calamity or sign of distress. 
   • Dam owners will be required to prepare an emergency action plan, and carry out risk assessment studies for each dam at specified regular intervals. 
   • Dam owners will also be required to prepare a comprehensive dam safety evaluation of each dam, at regular intervals, through a panel of experts. 
   • The evaluation will be mandatory in certain cases such as major modification of the original structure, or an extreme hydrological or seismic event.
6. Offences and penalties: The Bill provides for two types of offences.  These are: (i) obstructing a person in the discharge of his functions under the Bill, and (ii) refusing to comply with directions issued under the Bill. 

Significance:

1. The Bill will help ensuring of safety of dams and safeguard benefits to peoples from such dams. This shall also help in safeguarding human life, livestock and property.
2. It addresses all issues concerning dam safety including regular inspection of dams, Emergency Action Plan, comprehensive dam safety review, adequate repair and maintenance funds for dam safety.
3. It lays onus of dam safety on the dam owner and provides for penal provisions for certain acts.
4. While dams have played a key role in fostering rapid and sustained agricultural growth and development in India, there has been a long felt need for a uniform law and administrative structure for ensuring dam safety.

Concerns:

1. Criteria of selection of dam exclude basis of age of dam, which is the major issue which should have been taken up.
2. The bill is too focused on structural safety and not on operational safety.
3. There is inadequate compensation to the people affected by dams.
4. There is need for an independent regulator as well as for a precise definition of stakeholders.
5. It encroaches upon the sovereignty of States to manage their dams, and violates the principles of federalism enshrined in the Constitution.
6. It is seen as an attempt by the Centre to consolidate power in the guise of safety concerns.