Amendment status not verified — confirm the current text below against the official source.
(1) Notwithstanding anything contained in any other law, judgement, 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 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-break analysis and independendent 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 m the Official Gazette (2) As soon as may be or within the time specified by the Authority after the reciept 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 thereon and take action in accordance with such advice or recommendation (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 tune 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) Where the direction is issued to any agency other than the Government, the Government shall ensure that such other agency carries out the sections 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) Where any order or direction issued under sub-section (1) or (4) is not complied with within the tune 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.] Substituted by Act 4 of 2006. Prior ot the Substitution it read as: "62. Functions of the Authority.--(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. (2) As soon as may be after the receipt of any advice or recommendation of the Authority under sub-section (1), the Government shall act thereon and take steps in accordance with such advice or recommendations. (3) Where the advice or recommendations of the Authority relate to a dam owned or controlled by person other than the Government, it shall be lawful for the Government to issue orders or directions as it deems fit, requiring any person having possession or control of such dam to take such measures or to do such things within such time as may be specified therein to give effect to the advice or recommendations, and such person shall be bound to comply with the orders and directions issued by the Government. (4) Where any order or direction issued under sub-section (3) is not complied with within the time specified therein, the Government may, if considered necessary for ensuring the safety of the dam or of the public, take possession and control of the dam for such period and take such measures or do such things as may be necessary to give effect to the advice or recommendations of the Authority and the cost incurred by the Government in that behalf shall be recovered in such manner as may be prescribed, from the person to whom the order or direction was issued under sub-section (3). (5) The disbanding, construction or reconstruction of any dam shall be made only after obtaining a report in that regard from the Authority.