Section 3 in The Prohibition of Electronic Cigarettes (Production Manufacture Import Export Transport Sale Distribution Storage and Advertisement) Act 2019

Title: Definitions

Description: 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

Description: 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

Description: 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.

Title: Power to enter search and seize without warrant

Description: (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 (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).

Title: Punishment for contravention of section 4

Description: 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.

The Prohibition of Electronic Cigarettes (Production Manufacture Import Export Transport Sale Distribution Storage and Advertisement) Act