The Prohibition of Electronic Cigarettes (Production, Manufacture, Import, Export, Transport, Sale, Distribution, Storage and Advertisement) Act, 2019
# THE PROHIBITION OF ELECTRONIC CIGARETTES (PRODUCTION, MANUFACTURE,
 IMPORT, EXPORT, TRANSPORT, SALE, DISTRIBUTION, STORAGE AND
 ADVERTISEMENT) ACT, 2019

 _____________

 ARRANGEMENT OF SECTIONS

 ____________

SECTIONS

1. Short title and commencement.
2. Declaration as to expediency of control by Union.
3. Definitions.
4. Prohibition on production, manufacturing, import, export, transport, sale, distribution,

advertisement of electronic cigarettes.

5. Prohibition on storage of electronic cigarettes.
6. Power to enter, search and seize without warrant.
7. Punishment for contravention of section 4.
8. Punishment for contravention of section 5.
9. Jurisdiction and trial of offences.
10. Power to dispose of stock seized.
11. Offences by companies.
12. . Cognizance of offences.
13. Offences to be cognizable.
14. Act to have overriding effect.
15. Application of other laws not barred.
16. Protection of action taken in good faith.
17. Power to remove difficulties.
18. Repeal and savings.

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# THE PROHIBITION OF ELECTRONIC CIGARETTES (PRODUCTION, MANUFACTURE,
 IMPORT, EXPORT, TRANSPORT, SALE, DISTRIBUTION, STORAGE AND
 ADVERTISEMENT) ACT, 2019

 ACT NO. 42 OF 2019

[05th December, 2019.]

# An Act to prohibit the production, manufacture, import, export, transport, sale, distribution,
 storage and advertisement of electronic cigarettes in the interest of public health to protect the people from harm and for matters connected therewith or incidental thereto.

BE it enacted by Parliament in the Seventieth Year of the Republic of India as follows:—

**1. Short title and commencement.—(1) This Act may be called the Prohibition of Electronic**

Cigarettes (Production, Manufacture, Import, Export, Transport, Sale, Distribution, Storage and
Advertisement) Act, 2019.

(2) It shall be deemed to have come into force on the 18th day of September, 2019.

**2. Declaration as to expediency of control by Union.—It is hereby declared that it is expedient in**

the public interest that the Union should take under its control the electronic cigarettes industry.

**3. Definitions.—In this Act, unless the context otherwise requires,—**

(a) “advertisement” means any audio or visual publicity, representation or pronouncement made

by means of any light, sound, smoke, gas, print, electronic media, internet or website or social media
and includes through any notice, circular, label, wrapper, invoice or other document or device;

(b) “authorised officer” means—

(i) any police officer not below the rank of sub-inspector; or

(ii) any other officer, not below the rank of sub-inspector, authorised by the Central

Government or the State Government by notification;

(c) “distribution” includes distribution by way of samples, whether free or otherwise and the

expression “distribute” shall be construed accordingly;

(d) “electronic cigarette” means an electronic device that heats a substance, with or without

nicotine and flavours, to create an aerosol for inhalation and includes all forms of Electronic Nicotine
Delivery Systems, Heat Not Burn Products, e-Hookah and the like devices, by whatever name called
and whatever shape, size or form it may have, but does not include any product licensed under the
Drugs and Cosmetics Act, 1940 (23 of 1940).

_Explanation.—For the purposes of this clause, the expression “substance” includes any natural or_

artificial substance or other matter, whether it is in a solid state or in liquid form or in the form of gas
or vapour;

(e) “export” with its grammatical variations and cognate expressions, means taking out of India to

a place outside India;

(f) “import” with its grammatical variations and cognate expressions, means bringing into India

from a place outside India;

(g) “manufacture” means a process for making or assembling electronic cigarettes and any part

thereof, which includes any sub-process, incidental or ancillary to the manufacture of electronic
cigarettes and any part thereof;

(h) “notification” means a notification published in the Official Gazette;

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(i) “person” includes-
(i) any individual or group of individuals;

(ii) a firm (whether registered or not);

(iii) a Hindu Undivided Family;

(iv) a trust;

(v) a limited liability partnership;

(vi) a co-operative society;

(vii) any corporation or company or body of individuals; and

(viii) every artificial juridical person not falling within any of the preceding sub-clauses;

(j) “place” includes any house, room, enclosure, space, conveyance or the area in like nature;

(k) “production” with its grammatical variations and cognate expressions, includes the making or

assembling of electronic cigarettes and any part thereof;

(l) “sale” with its grammatical variations and cognate expressions, means any transfer of property

in goods (including online transfer) by one person to another, whether for cash or on credit, or by way
of exchange, and whether wholesale or retail, and includes an agreement for sale, and offer for sale
and exposure for sale.

**4. Prohibition on production, manufacturing, import, export, transport, sale, distribution,**

**advertisement of electronic cigarettes.—On and from the date of commencement of this Act, no person**
shall, directly or indirectly,—

(i) produce or manufacture or import or export or transport or sell or distribute electronic

cigarettes, whether as a complete product or any part thereof; and

(ii) advertise electronic cigarettes or take part in any advertisement that directly or indirectly

promotes the use of electronic cigarettes.

**5. Prohibition on storage of electronic cigarettes.—On and from the date of commencement of this**

Act, no person, being the owner or occupier or having the control or use of any place shall, knowingly
permit it to be used for storage of any stock of electronic cigarettes:

Provided that any existing stock of electronic cigarettes as on the date of the commencement of this

Act kept for sale, distribution, transport, export or advertisement shall be disposed of in the manner
hereinafter specified—

(a) the owner or occupier of the place with respect to the existing stock of electronic cigarettes

shall, _suo motu, prepare a list of such stock of electronic cigarettes in his possession and without_
unnecessary delay submit the stock as specified in the list to the nearest office of the authorised
officer; and

(b) the authorised officer to whom any stock of electronic cigarettes is forwarded under clause (a)

shall, with all convenient despatch, take such measures as may be necessary for the disposal
according to the law for the time being in force.

**6. Power to enter, search and seize without warrant.—(1) An authorised officer, if he has reason**

to believe that any provision of this Act has been, or is being contravened, may enter and search any place
where—

(a) any trade or commerce in electronic cigarettes is carried on or electronic cigarettes are

produced, supplied, distributed, stored or transported; or

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(b) any advertisement of the electronic cigarettes has been or is being made.

(2) After completion of the search referred to in sub-section (1), the authorised officer shall seize any

record or property found as a result of the search in the said place, which are intended to be used, or
reasonably suspected to have been used, in connection with any matter referred to in sub-section (1) and if
he thinks proper, take into custody and produce, along with the record or property so seized, before the
Court of Judicial Magistrate of the first class, any such person whom he has reason to believe to have
committed any offence punishable under this Act.

(3) Where it is not practicable to seize the record or property, the officer authorised under sub-section

(1), may make an order in writing to attach such property, stocks or records maintained by the producer,
manufacturer, importer, exporter, transporter, seller, distributor, advertiser or stockist about which a
complaint has been made or credible information has been received or a reasonable suspicion exists of
their having been connected with any offence in contravention of the provisions of this Act and such
order shall be binding on the person connected with the said offence.

(4) All searches, seizures and attachment under this section shall be made in accordance with the

provisions of the Code of Criminal Procedure, 1973 (2 of 1974).

**7. Punishment for contravention of section 4.—Whoever contravenes the provisions of section 4,**

shall be punishable with imprisonment for a term which may extend to one year or with fine which may
extend to one lakh rupees, or with both, and, for the second or subsequent offence, with imprisonment for
a term which may extend to three years and with fine which may extend to five lakh rupees.

**8. Punishment for contravention of section 5.—Whoever contravenes the provisions of section 5,**

shall be punishable with imprisonment for a term which may extend to six months or with fine which may
extend to fifty thousand rupees or with both.

**9. Jurisdiction and trial of offences.—(1) Any person committing an offence under section 4 or**

section 5 shall be triable for such offence in any place in which he is liable to be tried under any law for
the time being in force.

(2) All offences under this Act shall be tried by the Court of Judicial Magistrate of the first class in

accordance with the procedure provided for trials in the Code of Criminal Procedure, 1973 (2 of 1974).

**10. Power to dispose of stock seized.—After completion of the proceedings before the Court and if**

it is proved that the stock seized by the authorised officer under the provisions of this Act are stocks of
electronic cigarettes, such stocks shall be disposed of in accordance with the provisions contained in
Chapter XXXIV of the Code of Criminal Procedure, 1973 (2 of 1974).

**11. Offences by companies.—(1) Where an offence under this Act has been committed by a**

company, every person who, at the time the offence was committed, was in charge of, and was
responsible to the company for the conduct of, the business of the company, as well as the company, shall
be deemed to be guilty of the offence and shall be liable to be proceeded against and punished
accordingly:

Provided that nothing contained in this sub-section shall render any such person liable to any

punishment provided in this Act, if he proves that the offence was committed without his knowledge or
that he had exercised all due diligence to prevent the commission of such offence.

(2) Notwithstanding anything contained in sub-section (1), where an offence under this Act has been

committed by a company, and it is proved that the offence has been committed with the consent or
connivance of, or is attributable to any neglect on the part of any director, manager, secretary or other
officer of the company, such director, manager, secretary or other officer shall also be deemed to be guilty
of the offence and shall be liable to be proceeded against and punished accordingly.

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_Explanation.—For the purpose of this section—_

(a) “company” means any body corporate and includes a firm or other association of individuals;

and

(b) “director” means a whole-time director in the company and in relation to a firm, means a

partner in the firm.

**12. Cognizance of offences.—No court shall take cognizance of an offence punishable under this**

Act, except upon a complaint in writing made by an authorised officer under this Act.

**13. Offences to be cognizable.—Notwithstanding anything contained in the Code of Criminal**

Procedure, 1973 (2 of 1974), an offence under section 4 shall be cognizable.

14. Act to have overriding effect.—Save as otherwise expressly provided in this Act, the provisions

of this Act shall have effect notwithstanding anything inconsistent therewith contained in any other law
for the time being in force.

**15. Application of other laws not barred.—The provisions of this Act shall be in addition to and**

not in derogation of the provisions of any other law for the time being in force prohibiting production,
manufacture, import, export, transport, sale, distribution, storage and advertisement of electronic
cigarettes.

**16. Protection of action taken in good faith.—No suit, prosecution or other legal proceeding shall**

lie against the Central Government or any State Government or any officer of the Central Government or
any State Government for anything which is in good faith done or intended to be done under this Act.

**17. Power to remove difficulties.—(1) If any difficulty arises in giving effect to the provisions of**

this Act, the Central Government may, by an order published in the Official Gazette, make such provision
not inconsistent with the provisions of this Act, as may appear to be necessary or expedient for removing
the difficulty:

Provided that no order shall be made under this section after the expiry of two years from the date of

the commencement of this Act.

(2) Every order made under this section shall be laid, as soon as may be after it is made, before each

House of Parliament.

**18. Repeal and savings.—(1) The Prohibition of Electronic Cigarettes (Production, Manufacture,**

Import, Export, Transport, Sale, Distribution, Storage and Advertisement) Ordinance, 2019 (Ord. 14 of
2019) is hereby repealed.

(2) Notwithstanding such repeal, anything done or any action taken under the said Ordinance shall be

deemed to have been done or taken under the corresponding provisions of this Act.

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