Holding the proposed draft Dam Safety Bill by the Centre omits several crucial areas and may end up compromising on accountability mechanisms, Tamil Nadu Chief Minister J Jayalalithaa today requested Prime Minister Narendra Modi to direct the Water Resources Ministry to reconsider the need for the legislation.
"The Draft (Dam Safety) Bill omits to cover crucial areas and may end up compromising existing accountability mechanisms and arrangements", she said in her letter to Modi.
"I am of the view that since state governments have adequate expertise and experience on dam safety and as the Central Water Commission also associated with Dam Safety aspects, there appears to be no pressing need for necessity to have a Central legislation on the issue", she said.
Noting that the draft Bill covers an area falling within the legislative competence of states, she said "Government of India must desist from needless adventurism and not ride rough shod over the federal constitutional framework".
"I request you to direct the Ministry of Water Resources to reconsider the need for the proposed legislation on Dam Safety", Jayalalithaa said.
Her Government had analysed the Draft Bill in detail and the detailed comments on drafting and related issues would be communicated by the Chief Secretary to the Ministry of Water Resources, River development and Ganga Rejuvenation, she said.
She also reiterated that the matter should not be proceeded with in haste without discussing issues raised by Tamil Nadu.
Pointing out that her government had objected to the Bill earlier introduced by the then UPA government in Lok Sabha,she said it was unfortunate that none of the views conveyed by her appeared to have been considered while preparing the bill.
State governments are fully "conscious" of the duty to manage and maintain dams properly. In this context, any legislation to regulate dam safety "must ensure" that the functions and rights of the state governments are not "abrogated" or "trampled" upon in any manner, she said.
In the earlier draft bill introduced in the Lok Sabha, the legislation was to apply only to states whose legislatures had passed resolutions under Article 252(1) calling upon Parliament to make a law on the subject, she said.
"No such indication has been given in the present draft and the intent appears to be to extend the legislation throughout the country", she said.
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