The Uttarakhand Anti Littering and Anti Spitting Act

THE UTTARAKHAND ANTI LITTERING AND ANTI SPITTING ACT, 2016 
(Uttarakhand Act no. 23, Year 2016) 
To keep the State clean and pollution free, restriction on littering and spitting 
An 
Act 
It is hereby enacted by the Uttarakhand Legislative Assemble in the Sixty seventh 
year of the Republic of India as Follows : 
 
Short title extent and 
commencement  
1. (1) This Act shall be called The Uttarakhand 
Anti Littering and Anti Spitting Act 2016.  
(2) This Act shall come into operation o n 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.  
Effect of Laws 
inconsistent without 
this Act 
2. The provision of this Act shall have effect not 
withstanding anything inconsistent therewith 
contained in any other law.  
Definitions  3. In this Act, unless the context otherwise 
requires: 
(a) “Authorized Officer” means and Executive 
Sanitary Inspector, Sanitary Inspector of ULB, and 
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 and 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, palling, 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, sawd ust, 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 defecting by pets or humans in 
open; 
(f) “occup ier” 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, 
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 bui lding or premises for the time 
being;  
(h) “premises”  means land, whether enclosed 
or not which is appurtenant to a building or 
commmonly appurtenant to several building.  
(i) “public place” includes every public 
highway, street, road, hill side, drain, w aterway, 
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 
resort to which admission is obtained or to which the 
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 afte r inhaling snuff or 
without inhaling;  
(k) “stable refuse” means the dung or urine of 
horses, cattle, sheep, goats, buffaloes, pigs, poultry 
or other domesticated animal 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 a t 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;  
Offences under the Act  4. Any person who: 
(a) place, 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, place, 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 co ntainer, food wrapper, particles of food 
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 or 
any other material;  
(h) placed 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. 
Order to remove 5. (1) The Urban Local Body or Authorized 
Officer may direct any person reasonably Suspected 
of place, depositing or causing or allowing to place 
or depositing or causing or allowing to place or 
depositing or causing or allowing to placing, 
depositing or causing or allowing to place or deposit 
any litter, abandoned vehicle, abandoned object or 
scrap metals from Such public place to a proper 
place. 
Presumption as to 
Offender 
6. 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 
probed. 
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Occupier of land or 
building to be held 
liable 
7. 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. 
Occupier to keep 
footpaths, backyard 
and private Street 
clean 
8. (1) The owner  or coupler 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 ow ner or occupier of any premises 
abutting on a private street shall cause such portion of 
the street shall cause such portion of the street in front 
of, adjoining or abutting his premises and up to the 
centre thereof be kept clean.  
Penalties 9.  1{(1) Any person who contravenes  any of the 
provisions of this Act commits an offenc e and shall on 
conviction, shall be punished with such fine, as 
determined by the State Government from time to time. 
(2) In  the case of a continuing offenc e, shall be 
punished with such fine, as determined by the State 
Government from time to time.} 
(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 execution  by the 
Urban L ocal 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. 
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1- Subs. by section 2 of Uttarakhand Act No. 15 of 2022. 
Compounding of 
offenses 
10. (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 exceeding five 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 but 
before any prosecution for it has been instituted, and 
if the amount specified in the offer is not done within 
the period specified in the offer or within the perio d  
specified in 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 t he person to 
whom the offer to compound was made. 
(5) An offer to compound shall be in such form 
as specified under the rules.   
Power to arrest 11. (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. 
(b) there is any reason to doubt the a ccuracy of 
his name or address.  
(2) Any person arrested under this Act Shall be 
detained and Shall be brought before an Ex ecutive 
Magistrate within twenty four hours, unless his true 
name and exact address are sooner ascertained. 
Court Competent to 
take cognizance and 
try offenses 
12. (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. 
Offenses under the Act 
to be non cognizable 
and bailable 
13. Notwithstanding anything contained in the code 
of Criminal Procedure 1973, offenses under section 3 
of this Act shall be non-cognizable and bailable. 
Summary trial of 
offenses 
14. All offenses under this act shall be tried 
summarily in the manner provided  for summary trial 
under the code of criminal Procedure 1973. 
Power of State 
government to make 
rules & regulations 
15. The State Government shall make rules and 
regulations, for the purposes of carrying out into 
effect the provisions of this Act. 
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