Central

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

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---
1. (i)any police officer not below the rank of sub-inspector; or
2. (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;
1. (i)“person” includes--
2. (i)any individual or group of individuals;
3. (ii)a firm (whether registered or not);
4. (iii)a Hindu Undivided Family;
5. (iv)a trust;
6. (v)a limited liability partnership;
7. (vi)a co-operative society;
8. (vii)any corporation or company or body of individuals; and
9. (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.

Summary

The section defines advertisement as any audio or visual publicity using light, sound, smoke, gas, print, electronic media, internet, websites, social media, notices, or labels.
An authorised officer is defined as a police officer or any other government-notified officer, as long as they are at least a sub-inspector in rank.
Electronic cigarette is defined as an electronic device that heats a solid, liquid, gas, or vapour substance, with or without nicotine or flavours, to make aerosol for inhalation, but excludes any product licensed under the Drugs and Cosmetics Act, 1940.
Distribution includes giving out free or paid samples, and sale includes any transfer of property, online or offline, for cash, credit, or exchange.
A person is defined broadly to include individuals, firms, Hindu Undivided Families, trusts, partnerships, co-operative societies, and companies.
Place includes any house, room, enclosure, space, vehicle, or similar area.

Practical examples

1In January 2020, Priya posts an image of an e-cigarette on her personal social media account to promote a brand. This post counts as an advertisement under the law because it uses social media.

2An inspector named Officer Amit, who holds the rank of police Sub-Inspector, acts as an authorised officer under this Act when he reviews e-cigarette cases.

3A business group called ABC Limited, which is registered as a company, counts as a person under the definitions of this Act.

FAQ

1. Does an electronic cigarette include devices that do not contain nicotine?

Yes, an electronic cigarette includes any device that heats a substance to create an aerosol for inhalation, whether it contains nicotine and flavours or not.

2. Who qualifies as an authorised officer under this Act?

Any police officer or other government-notified officer who is at least of the rank of sub-inspector.

3. Does giving away free e-cigarette samples count as distribution under this law?

Yes, the definition of distribution explicitly includes giving out samples, whether they are free or otherwise.

4. Are products licensed under the Drugs and Cosmetics Act, 1940, considered electronic cigarettes?

No, any product that is licensed under the Drugs and Cosmetics Act, 1940, is excluded from the definition of an electronic cigarette.

5. What does the term place cover under the definitions?

It includes any house, room, enclosure, space, conveyance, which is a vehicle or transport medium, or any area of a similar nature.

Test yourself

1.Under Section 3 of The Prohibition of Electronic Cigarettes (Production, Manufacture, Import, Export, Transport, Sale, Distribution, Storage and Advertisement) Act, 2019, which of the following is excluded from the definition of an electronic cigarette?

2.Under Section 3 of The Prohibition of Electronic Cigarettes (Production, Manufacture, Import, Export, Transport, Sale, Distribution, Storage and Advertisement) Act, 2019, what is the minimum rank required for a police officer to be an authorised officer?

3.Under Section 3 of The Prohibition of Electronic Cigarettes (Production, Manufacture, Import, Export, Transport, Sale, Distribution, Storage and Advertisement) Act, 2019, how is the term "export" defined?

4.Under Section 3 of The Prohibition of Electronic Cigarettes (Production, Manufacture, Import, Export, Transport, Sale, Distribution, Storage and Advertisement) Act, 2019, does the term "person" include an unregistered firm?

5.Under Section 3 of The Prohibition of Electronic Cigarettes (Production, Manufacture, Import, Export, Transport, Sale, Distribution, Storage and Advertisement) Act, 2019, what does the definition of "distribution" include?

6.Under Section 3 of The Prohibition of Electronic Cigarettes (Production, Manufacture, Import, Export, Transport, Sale, Distribution, Storage and Advertisement) Act, 2019, what forms of substance can be heated by an electronic cigarette according to the Explanation?

7.Under Section 3 of The Prohibition of Electronic Cigarettes (Production, Manufacture, Import, Export, Transport, Sale, Distribution, Storage and Advertisement) Act, 2019, which of the following is specifically included in the definition of a "place"?

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