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

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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. 



 
#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; 

  (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 

  (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. 

*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.