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

One of the cancerous addiction is the use of tobacco and tobacco based products that is hazardous to the health. Apart from the regular usage of these products with the growth of the technology Electronic Cigarettes were also introduced in the market where the cigarettes are operated by battery producing vapor with tobacco content to inhale. Several health care and protection programs were being conducted through governmental and NGO initiatives but the consumption and addiction increased tremendously that resulted in the enactment of The Prohibition of Electronic Cigarettes Act 2019 prohibiting every aspect from production, Manufacture, Import, export, transport, sale , distribution, storage and advertisement.

The Act came in to existence on 5th December 2019 as a brief act with 18 sections with the declaration of the Union to have control over the electronic Cigarette industry. Section 4 of the act absolutely prohibits any form of production, manufacture, import, export, transport, sale, distribution, storage and advertisement of the electronic cigarettes in the market and section 5 clearly states prohibition on any person in storing electronic cigarettes and any stock existing before the existence of the act had to be disposed off in accordance with the specification of section 5 of the Act. Section 6 of the act provides the authorization by the authorized officer who is not below the rank of sub inspector of police to search, arrest and seizure if anything in contravention of the provision of section 4. The penalty for contravention of section 4 is imprisonment that may extend to one year or fine of one lakh rupees or both and penalty for contravention of section 5 is imprisonment that may extend to six months or fifty thousand rupees fine or both. Trial of offences is by the Judicial Magistrate of the first class of the concerned jurisdiction where the offence was committed.

Any offence committed by any company in contravention of the provisions of the act the person who was in charge of the company will held liable assuming the company committed offence through him. According to section 12 of the act the cognizance of the offence can be taken only if the complaint is made in writing by the authorized officer. Section 15 of the act states the provisions of the Act is not derogatory of any provisions of existing laws in force. The Central Government has the power to remove any inconsistent act of the provision through Gazette notification.

The impact of the implementation of the act was fifteen states of India had banned electronic cigarette usage. The tobacco and allied industries made immense opposition against the act but as several states began to ban the electronic cigarettes the implementation of the Act had a widespread effect in the whole nation and the act not only prohibits any one relates to the use of the Electronic cigarette in several ways it also prevent the hazardous effects on the passive smokers too.

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