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Uttarakhand Anti Littering and Anti Spitting Act, 2016

(Uttarakhand Act No. 23 of 2016)

Last Updated 7th March, 2020 [utr101]

Miscellaneous

(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, paling, 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 or 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 UttarakhandJ 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) "public place" includes every public highway, street, road, hill side, drain, waterway, subway, 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 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 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;

(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, sands 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 offence under this Act.

(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 or address.