Given below is the text of some sub-clauses of the draft Dam Safety Bill over which Tamil Nadu government has expressed objections and that of modified sub-clauses, as suggested by the State government. Also given is the text of a new sub-clause, whose inclusion has been sought by the government:
Sub-clause 26 (1) : Without prejudice to the provisions of this Act, all specified dams, shall fall under the jurisdiction of the State Dam Safety Organisation or State Dam Safety Cell, as the case may be, of the State in which dam is situated in matters related to dam inspections, analysis of information, reports or recommendations regarding safety status, and remedial measures to be undertaken to improve dam safety; and in all such matters full co-operation shall be extended by the concerned Non-State Dam Safety Organisation or the Non-State Dam Safety Cell and the owner of the specified dam.
Suggested provision : Without prejudice to the provisions of this Act, all specified dams shall fall under the jurisdiction of the State Dam Safety Organisation or State Dam Safety Cell, as the case may be, of the State owning the dam and under whose control the dam is operated and maintained in matters related to dam inspections, analysis of information, reports or recommendations regarding safety status, and remedial measures to be undertaken to improve dam safety.
Sub-clause 26 (2) : The authorised representative of the Central Dam Safety Organisation, concerned State Dam Safety Organisation or State Dam Safety Cell as the case may be for the purposes of making any inspection or investigation necessary for the implementation of the provisions of the Act, may enter upon any part of the specified dam or its site as and when required and apply such investigation methods as may be considered necessary.
Suggested provision : The authorised representative of the Central Dam Safety Organisation, concerned State Dam Safety Organisation or State Dam Safety Cell as the case may be, in respect of dams referred to in sub-clause (1) above, for the purposes of making any inspection or investigation necessary for the implementation of the provisions of the Act, may enter upon any part of the specified dam or its site as and when required and apply such investigation methods as may be considered necessary.
New sub-clause suggested :
26 (6) : Notwithstanding anything contained in any other law, the dam maintenance officials/personnel shall have right to enter into the Forests and Wild Life Sanctuary area to carry out dam safety, maintenance and rehabilitation measures.
Source: Policy Note of Tamil Nadu Government's Public Works Department – Irrigation for 2011-2012
