Section 62 in Kerala Irrigation and Water Conservation Act, 2003
62. [ Functions of the Authority. [Substituted by Kerala Irrigation and Water Conservation (Amendment) Act, 2006.]
(1)Notwithstanding anything contained in any other law, judgment, 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 on security measures to be adopted in respect of any dam considering its vulnerability to terrorism, sabotage and the like;(d)to direct the custodians 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-brake analysis and independent study and to direct strengthening measures or require the 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 in the Official Gazette.(2)As soon as may be or within the time specified by the Authority after the receipt 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 time 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 directions 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-sections (1) or (4) is not complied with within the time 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.]
