Bare ActsThe Irrigation and Water Conservaton Act, 31 of 2003

Section 62

Functions of the Authority

Amendment status not verified — confirm the current text below against the official source.

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.

Section 62 – The Irrigation and Water Conservaton Act, 31 of 2003 | DailyLaw.ai