38. Comprehensive dam safety evaluation.—(1) The owner of a specified dam shall make or cause
to be made comprehensive dam safety evaluation of each specified dam through an independent panel
of experts constituted as per regulations for the purpose of determining the conditions of the specified
dam and its reservoir:
Provided that the first comprehensive dam safety evaluation for each existing specified dam shall be
conducted within five years from the date of commencement of this Act, and thereafter the
comprehensive dam safety evaluation of each such dam shall be carried out at regular intervals as may
be specified by the regulations.
(2) The comprehensive dam safety evaluation shall consists of, but not be limited to, —
(a) review and analysis of available data on the design, construction, operation, maintenance and
performance of the structure;
(b) general assessment of hydrologic and hydraulic conditions with mandatory review of design
floods as specified by the regulations;
(c) general assessment of seismic safety of specified dam with mandatory site specific seismic
parameters study in certain cases as specified by the regulations;
(d) evaluation of the operation, maintenance and inspection procedures; and
(e) evaluation of any other conditions which constitute a hazard to the integrity of the structure.
39. Compulsory evaluation in certain cases.—The comprehensive dam safety evaluation referred
to in section 38 shall be compulsory in the case of, —
(a) major modification to the original structure or design criteria;
(b) discovery of an unusual condition at the dam or reservoir rim; and
(c) an extreme hydrological or seismic event.
40. Reports of comprehensive evaluation.—(1) The owner of a specified dam shall report the
results of the dam safety evaluation undertaken under section 38 or section 39 to the State Dam Safety
Organisation.
(2) The reports referred to in sub-section (1) shall include, but not be limited to, —
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(a) assessment of the condition of the structure based on the visual observations and available
data on the design, hydrology, construction, operation, maintenance and performance of the
structure;
(b) recommendations for any emergency measures or actions, if required, to assure the
immediate safety of the structure;
(c) recommendations for remedial measures and actions related to design, construction,
operation, maintenance and inspection of the structure, if required;
(d) recommendations for additional detailed studies, investigations and analysis, if required; and
(e) recommendations for improvements in routine maintenance and inspection of dam, if
required.
(3) Where the safety evaluations undertaken under section 38 or section 39, results in
recommendations for a remedial action, the State Dam Safety Organisation shall pursue with the owner
of the specified dam to ensure that remedial measures are carried out in time, for which the owner shall
provide adequate funds.
(4) Where there is any unresolved matter emerging between an independent panel of experts referred
to in sub section (1) of section 38 and the owner of the specified dam, the matter shall be referred to the
State Dam Safety Organisation, and, in case no agreement is arrived at, the matter shall be referred to
the Authority which shall render its advice and send recommendations to the State Government
concerned for implementation.