 bill no liv  of  2006 the prohibition of littering and defiling of public places bill, 2006 abillto  prohibit  littering, smoking, spitting and defiling by way of attending the call of naturein public places which are meant for the general public so as to maintain cleanliness, hygiene and healthy atmosphere in and around such public places and for matters connected therewith and incidental theretobe it enacted by parliament in the fifty-seventh year of the republic of india as follows:—1  (1) this act may be called the prohibition of littering and defiling of public places act, 2006 (2) it extends to all the union territoriesshort title, extent and commencement(3) it shall come into force on such date as the central government may, by notification in the official gazette, appointdefinitions2 in this act, unless the context otherwise requires,—(a) "appropriate government" means in the case of a state which has adopted this act, the government of that state and in other cases, the central government;(b) "litter" means anything which is likely to cause or contribute to the defilement of the place where it is thrown or left to stink;(c) "publice place" means any place to which the general public, at the material time has, or is entitled or permitted to have access with or without payment and includes road and highway, street, lane, railway station, hospital, bank premises, theatre, court premises, race course, circus, music hall, gymnasium, swimming pool, dancing hall, market shopping mall, park, educational institutions, religious place and such other places3 (1) notwithstanding anything contained in any other law for the time being in force, smoking, spitting, littering urinating, defecating in a public place and defiling or defacement thereof is hereby prohibitedprohibition of smoking, spitting, littering, urinating in public places(2) whoever contravenes the provisions of sub-section (1) shall be guilty of an offence under this actpenalty4 (1) whoever contravenes the provisions relating to(a) smoking in a public place shall be liable,—(i) in the case of first offence, to a fine of five hundred rupees; and (ii) in the case of second or subsequent offence to a fine of five thousand rupees (b) spitting, urinating defecating in a public place shall be liable to a fine of two thousand rupees(c) littering in a public place shall be liable,—(i) in the case of a first offence to a fine which may extend to one thousand rupees; and(ii) in the case of second or subsequent offence, to a fine which may extend to five thousand rupees (d) defiling or defacement shall be punishable with imprisonment for a term which may extend to one year and also with fine which may extend to one lakh rupees (2) in penalising a person convicted of an offence under this act, the court shall take into consideration not only the purpose of this act but also the risk of diseases or injury resulting to persons or animal or of damage to property 5 for the purposes of this act, the central government shall set up such number of mobile courts as it may deem necessary for carrying out such purposescentral government to set up mobile courtssummary trial of offences6 the mobile courts set up under section 5 may try the offences summarily to deliver instant justice under this actpower to make rules7 the central government may, by notification in the official gazette, make rules for carrying out the purposes of this act statement of objects and reasons in our country littering and defiling of public places is very common people do not hesitate to spit anywhere particularly after chewing paan or consuming paan masala, gutkha, khaini and other tobacco mixed products without bothering about the ill effects of such spitting similarly people can be seen smoking even in 'no smoking zones' or while using public transport many a time people smoke right under the banner reading "somking is prohibited" without bothering for the environment which is polluted by the toxic smoke generated by such smoking the smokers also foreget that they are also compelling nonsmokers to inhale the deadly smoke and to suffer without fault sometimes burning cigarettes or beedi butts are thrown carelessly resulting in devastating fires many a time in the senstitive and important placessimilarly people can be seen urinating or even defecating in public places anywhere along the road side or along any wall including those of important national or historical buildings without bothering about the public health resulting in such areas or walls to stink with odour and germinate various viruses crippling of which cause diseasesit is also a common sight that people leave or throw litter wherever they like including the public places without caring for the health hazard that it may causeit has therefore, become necessary to impose a strict ban on smoking, spitting, urinating, defecating, littering, defacement and defilement so that a healthy atomosphere prevails at public placeshence this bill financial memorandumclause 5 of the bill provides for setting up of mobile courts for carrying out the purposes of the bill the bill, if enacted will involve expenditure from the consolidated fund of india it is estimated that a sum of rupees one hundred crore may involve as recurring expenditure per annuma non recurring expenditure to the tune of rupees five hundred crore may also involve from the consolidated fund of india memorandum  regarding  delegated  legislationclause 7 of the bill empowers the central government to make rules for carrying out the purposes of this bill the rules will relate to matters of details onlythe delegation of legislative power is of normal character rajya sabha———— abillto prohibit littering, smoking, spitting and defiling by way of attending the call of nature inpublic places which are meant for the general public so as to maintain cleanliness, hygiene and healthy atmosphere in and around such public places and for matters connected therewith and incidental thereto————(shri em sudarsana natchiappan, mp)mgipmrnd—1778rs(s1)—28-07-2006