Ministry of Health and Family Welfare
The Prohibition of Electronic Cigarettes (Production, Manufacture, Import, Export, Transport, Sale, Distribution, Storage and Advertisement) Act, 2019, prohibits the production, manufacture, import, export, transport, sale, distribution, storage, and advertisement of electronic cigarettes in India, aiming to protect public health.
1: Act Background and Ministry Under Which This Act Is:
The Prohibition of Electronic Cigarettes (Production, Manufacture, Import, Export, Transport, Sale, Distribution, Storage and Advertisement) Act, 2019, was enacted to prohibit the production, manufacture, import, export, transport, sale, distribution, storage, and advertisement of electronic cigarettes in India. This act aims to protect public health by preventing the use of electronic cigarettes, which are considered harmful. The act falls under the administrative purview of the Ministry of Health and Family Welfare, which is responsible for overseeing the implementation and enforcement of tobacco control policies in India. The ministry plays a crucial role in public health and safety.
2: Enactment Date, Number of Chapters, Number of Sections:
The Prohibition of Electronic Cigarettes Act, 2019, was enacted on 5th December, 2019, and is known as Act No. 42 of 2019. The act is structured into 18 sections, with no formal chapters. These sections cover various aspects, including definitions, prohibitions on e-cigarettes, powers of enforcement, penalties for violations, and miscellaneous provisions. The act aims to create a comprehensive ban on e-cigarettes. The act has been amended over time to reflect changing requirements.
3: Act Governed By:
The Prohibition of Electronic Cigarettes Act is governed by the Central Government, which has the power to make rules and regulations under the Act. The Act is primarily enforced by authorized officers at the central and state level. The act is governed by the provisions outlined within it, as well as rules and regulations framed by the Central government. It is therefore a central authority oversight.
4: On Whom It Is Applicable:
The provisions of The Prohibition of Electronic Cigarettes Act are applicable to all individuals and entities involved in the production, manufacture, import, export, transport, sale, distribution, storage, and advertisement of electronic cigarettes in India. This includes manufacturers, importers, distributors, retailers, advertisers, and any other stakeholders involved in the handling of e-cigarettes. The act applies to all, directly or indirectly involved in the e-cigarette industry.
5: Penalties/Punishments:
The act prescribes various penalties for non-compliance and offenses:
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Production, Sale, etc.: Production, manufacture, import, export, transport, sale, distribution, or advertisement of electronic cigarettes can lead to imprisonment or fines.
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Storage: Storing e-cigarettes attracts imprisonment or fines.
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Non-Compliance: Non-compliance with the act’s provisions attracts imprisonment or fines. The act’s emphasis is on strict enforcement and prevention of e-cigarette use.
6: Important Pointers:
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Prohibition: The act prohibits the production, manufacture, import, export, transport, sale, distribution, storage, and advertisement of electronic cigarettes.
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Authorized Officers: It empowers authorized officers to enter, search, and seize e-cigarettes.
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Cognizable Offenses: It makes offenses under the act cognizable, allowing for prompt action.
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Disposal of Stock: It outlines the procedure for disposing of existing e-cigarette stocks.
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Overriding Effect: It has an overriding effect on other laws, ensuring its primacy in the regulation of e-cigarettes.
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Rule-Making Power: It empowers the Central Government to make rules for carrying out the purposes of the act.
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Public Health Focus: The act’s primary objective is to protect public health by restricting the use of e-cigarettes. The act is therefore comprehensive in its approach to e-cigarette control.
7: Act Copy: