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

(1) This Act may be called the Prohibition of ElectronicCigarettes (Production, Manufacture, Import, Export, Transport, Sale, Distribution, Storage andAdvertisement) Act, 2019. (2) It shall be deemed to have come into force on the 18th day of September, 2019.

It is hereby declared that it is expedient inthe 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 madeby means of any light, sound, smoke, gas, print, electronic media, internet or website or social mediaand 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 CentralGovernment or the State Government by notification; (c) “distribution” includes distribution by way of samples, whether free or otherwise and theexpression “distribute” shall be construed accordingly; (d) “electronic cigarette” means an electronic device that heats a substance, with or withoutnicotine and flavours, to create an aerosol for inhalation and includes all forms of Electronic NicotineDelivery Systems, Heat Not Burn Products, e-Hookah and the like devices, by whatever name calledand whatever shape, size or form it may have, but does not include any product licensed under theDrugs and Cosmetics Act, 1940 (23 of 1940). Explanation.--For the purposes of this clause, the expression “substance” includes any natural orartificial substance or other matter, whether it is in a solid state or in liquid form or in the form of gasor vapour; (e) “export” with its grammatical variations and cognate expressions, means taking out of India toa place outside India; (f) “import” with its grammatical variations and cognate expressions, means bringing into Indiafrom a place outside India; (g) “manufacture” means a process for making or assembling electronic cigarettes and any partthereof, which includes any sub-process, incidental or ancillary to the manufacture of electroniccigarettes 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 orassembling of electronic cigarettes and any part thereof; (l) “sale” with its grammatical variations and cognate expressions, means any transfer of propertyin goods (including online transfer) by one person to another, whether for cash or on credit, or by wayof exchange, and whether wholesale or retail, and includes an agreement for sale, and offer for saleand exposure for sale.

On and from the date of commencement of this Act, no personshall, directly or indirectly,-- (i) produce or manufacture or import or export or transport or sell or distribute electroniccigarettes, whether as a complete product or any part thereof; and (ii) advertise electronic cigarettes or take part in any advertisement that directly or indirectlypromotes the use of electronic cigarettes.

On and from the date of commencement of thisAct, no person, being the owner or occupier or having the control or use of any place shall, knowinglypermit 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 thisAct kept for sale, distribution, transport, export or advertisement shall be disposed of in the mannerhereinafter specified-- (a) the owner or occupier of the place with respect to the existing stock of electronic cigarettesshall, suo motu, prepare a list of such stock of electronic cigarettes in his possession and withoutunnecessary delay submit the stock as specified in the list to the nearest office of the authorisedofficer; 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 disposalaccording to the law for the time being in force.