UTTARAKHAND
ANTI LITTERING AND ANTI SPITTING ACT, 2016 THE UTTARAKHAND ANTI LITTERING AND ANTI SPITTING ACT, 2016 [Act No. 23 of 2016] [29th November, 2016] An Act to keep the State clean and pollution free, restriction on
littering and spitting. It is hereby enacted by the
Uttarakhand Legislative Assembly in the Sixty seventh year of the Republic of
India as Follows: (1)
This Act shall be called The Uttarakhand Anti Littering and Anti
Spitting Act 2016. (2)
This Act shall come into operation on the date of its publication
in the Gazette, (3)
This Act shall come in to force to the whole area under the
jurisdiction of the Urban Local Bodies ('ULB' for Short) in the State of
Uttarakhand. The provision of this Act
shall have effect not withstanding anything inconsistent therewith contained in
any other law. In this Act, unless the
context otherwise requires: (a)
"Authorized Officer" means an Executive Officer, Medical
Officer of Health, Chief Sanitary Inspector, Sanitary Inspector of ULB, an
Officer of the Uttarakhand Police, not below the rank of Sub Inspector, a
Revenue officer not below the rank of Revenue Inspector or an officer
authorized by the District Magistrate for an area under his jurisdiction. (b)
"building" includes any premises, house, hut, stall,
shed or roofed enclosure, whether used for the purpose of human habitation or
otherwise, and also any wall, fence, platform, staging, gate, post, pillar,
piling, frame, boarding, landing-stage or bridge or any structure, support or
foundation connected to the foregoing; (c)
"Community Service" means cleaning, sweeping,
collecting; litter, clearing graffiti from the walls, or any other tasks
notified by the urban local body as community service; (d)
"garden refuse" includes any refuse from garden and
agricultural operations; (e)
"litter" means any dust, sand, earth, gravel, clay,
stone, cement, paper, ashes, carcass, refuse, leaves and branches, grass,
straw, boxes, barrels, bales, shavings, sawdust, garden refuse; stable refuse,
trade refuse, manure, garbage, bottles, glass, can, food container, food
wrapper, particles of food or other things, articles or materials. It will also
include urinating or defecating by pets or humans in open; (f)
"occupier includes any person in actual occupation of any
premises or having the charge, management or control thereof, and in the case
of property subdivided of let to various tenants or lodgers, the person who for
the time being is receiving the rent payable by the tenants or lodgers whether
on his own account or as an agent for any person entitled thereto or interested
therein; (g)
"owner" shall have the same meaning assigned to it in
the U.P. Municipalities Act, 1916 [as adapted, amended and made applicable to
Uttarakhand] and the U.P. Municipal Corporation Act, 1959 [as adapted, amended
and made applicable to Uttarakhand ] and shall also include the occupier of any
building or premises for the time being; (h)
"premises" means land, whether enclosed or not which is
appurtenant to a building or commonly appurtenant to several buildings. (i)
"pubic place" includes every public highway, street,
road side, drain waterway, sub-way, bridge, square, court, lane, alley or
passage, bridle way, footway, parade, public/park, garden or open space
(enclosed or unenclosed), building or premises, every theatre, place of public
entertainment of any kind or any place of public resort to which admission is
obtained or to which public has access, whether on payment or otherwise; (j)
"spitting" means voluntary ejection of saliva from the
mouth after chewing or without chewing, ejection of mucus from nose after
inhaling snuff or without inhaling; (k)
"stable refuse" means the dung or urine of horses,
cattle, sheep, goats, buffaloes, pigs, poultry or other domesticated animals
and the sweepings or refuse of drainage from any stables or sheds for keeping
horses, cattle, sheep, goats, buffaloes, pigs, poultry or other domesticated
animals; (l)
"street" means any road, square, footway, back lane or
passage whether a thoroughfare or not, over which the public have a right of
way, also the way over any public bridge, and also includes any road, footway,
or passage, open court or Open alley used or intended to be used as a means of
access to two or more holdings, whether the public have a right of way there
over or not; and all channels, drains, ditches and reserves at the side Of any
street shall be deemed to be part of such street; (m)
"trade refuse" means the refuse of any trade,
manufacture or business, industry or of any building operation; Any person who: (a)
places, deposits or throws or causes or allows to be placed,
deposited or thrown any litter in any public place; (b)
dries or desecrates any article of food or any article or thing in
any public place; (c)
throws, places, spills or scatters any blood, brine, spills any
noxious liquid or other offensive or filthy matter of any kind in such manner
as to run or fall into any public place; (d)
drops, spills or scatters any dirt, sand, earth, gravel, clay,
loam, stone, grass, straw, shavings, sawdust, ashes; garden refuse, stable
refuse trade refuse, manure, garbage or any other thing or matter in any public
place, whether from a moving or stationary vehicle or in any other manner; (e)
sieves, shakes, cleans, beats or otherwise agitates any lime,
ashes, sand, coal, hair, waste paper, feathers or other substances in such
manner that it is carried or likely to be carried by the wind to any public
place; (f)
throws or leaves behind any bottle, glass, can, food container,
food wrapper, particles of food or other articles or things in any public
place; (g)
during the construction, alteration or demolition of any building
or erection or at any time whatsoever, deposits, drops, leaves in any public
place, any stone, cement, earth, sand, wood or other building material, thing
or substance, without prior permission, or who fails to take reasonable
precautions to prevent danger to the life, health or well-being of persons
using any public place from flying dust or falling fragments or any other
material; (h)
places or deposits or causes or allows to be placed or deposited
any abandoned vehicle, water tank, cement mixer or any abandoned object or
scrap metal in any public place, (i)
Spits in any public place; Commits an offense under this Act. (1)
The Urban Local Body or Authorized Officer may direct any person
reasonably suspected of placing, depositing or causing or allowing to place or
deposit any litter, abandoned vehicle, abandoned object or scrap metals in any
public place to remove such litter, abandoned vehicle, abandoned object or
scrap metals from such public place to a proper place. (2)
Where such person fails to remove such litter, abandoned vehicle,
abandoned objects or scrap metals after being directed by Urban Local Body or
Authorized Officer, the Urban Local Body shall execute such removal to such
proper place and any expenses incurred shall be borne by such person and may be
recovered as arrears of land revenue. For the offences committed
under section 4, the driver and the owner of the vehicle shall be deemed to
have committed the offence unless the contrary is proved. If in any case it is shown
that any dust or other substance as mentioned in the above sections has been
deposited in any public, place in contravention of this Act from any building
or land or that any such water or any offensive matter has run, drained or been
thrown or put upon into any street or drain in contravention of this Act, it
shall be presumed that the offense was committed by or by the permission of the
occupier of such building or land. (1)
The owner or occupier of any premises shall cause the immediate
vicinity of his premises, including the footpaths and backyards abutting
thereon to be swept and kept clean. (2)
The owner or occupier of any premises abutting on a private street
shall cause such portion of the street in front of, adjoining or abutting his
premises and up to the centre thereof to be kept clean. (1)
Any person who contravenes any of the provisions of this act
commits an offense and shall on conviction be liable to a fine not exceeding
Five Thousand Rupees or to imprisonment for a term not exceeding six months or
both. (2)
In the case of a continuing offense to a further fine not
exceeding Five Hundred Rupees for every day during which the offense is
continued. (3)
In addition to or in substitution for the penalty provided in
sub-section (1) any expenses incurred by the Urban Local Body in consequence of
any contravention of this Act or in the execution of any work directed under
this Act to be executed by any person and executed by him, whether performed by
the Urban Local Body or by some, contractor, together with a surcharge of not
more than ten percent of the expenses, shall be paid by the person committing
the breach or failing to execute such work and may be recovered as the arrears
of land revenue. (1)
The Authorized Officer may compound any offense Committed by any
person and prescribed to be a compoundable offense by making a; written offer
to the person reasonably suspected of having committed the offense to compound
the offense upon payment to the Urban Local Body/Authorized Officer of an
amount not less than two hundred Rupees but not exceeding five hundred rupees
within the time specified in the offer. (2)
If the person is unable to pay the compounding amount/Fine, he/she
can enroll for community Service in the Urban local Body in lieu of the
compounding amount/Fine. (3)
An offer under paragraph (1) may be made at any time after the
offense has been committed before any prosecution for it has been instituted,
and if the amount specified in the offer is not paid or the community service
is not done within the period specified in the offer or within such extended
period as the Urban Local Body may grant, prosecution for the offense may be
instituted at any time after that against the person to whom the offer was
made. (4)
If an offense has been compounded under paragraph (1), no
prosecution shall be instituted after that in respect of the offense against
the person to whom the offer to compound was made. (5)
An offer to compound shall be in such form as specified under the
rules. (1)
Any Authorized Officer may detain any person and have him
arrested, with police help, whoever Commits an Offence in his presence or whom
he reasonably believes to have committed any offence under this act, if: (a)
the name or address of the person is unknown to him and the person
declines to give his name and address; or (b)
there is any reason to doubt the accuracy of his name of address. (2)
Any person arrested Under this Act shall be detained and shall be
brought before an Executive Magistrate within twenty four hours, unless his
true name and exact address are sooner ascertained. (1)
No Court other than the Court of a Judicial Magistrate First Class
shall take cognizance of, and try an offense under this Act. (2)
No court shall take: cognizance of any offense except on a
complaint in writing of an Authorized Officer. Notwithstanding anything
contained in the Code of Criminal Procedure 1973, offenses under section 3 of
this Act shall be non-cognizable and bailable. All offenses under this act
shall be tried summarily in the manner provided for summary trial under the
Code of Criminal Procedure 1973. The State Government shall
make rules and regulations, for the purposes of carrying out into effect the
provisions of this Act.
Preamble - UTTARAKHAND ANTI LITTERING AND ANTI SPITTING ACT, 2016PREAMBLE