Section 1 in The Prohibition of Electronic Cigarettes (Production Manufacture Import Export Transport Sale Distribution Storage and Advertisement) Act 2019
Title: Short title extent 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
Title: 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.
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;
(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.
Title: 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.
Title: 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.