Section 5 of The Prohibition of Electronic Cigarettes (Production, Manufacture, Import, Export, Transport, Sale, Distribution, Storage and Advertisement) Act, 2019
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.
Summary
- No owner, occupier, or person in control or use of any place is allowed to knowingly let that place be used to store any stock of electronic cigarettes.
- This storage ban starts on and from the commencement date of the Act.
- If a person had existing stock of electronic cigarettes for sale, distribution, transport, export, or advertisement on the commencement date, they had to dispose of it in a specific way.
- To dispose of existing stock, the owner or occupier must, on their own initiative (referred to as suo motu, meaning on one's own motion), prepare a list of the stock and submit the stock and the list to the nearest authorised officer's office without unnecessary delay.
- The authorised officer must take the necessary measures to dispose of the submitted stock quickly and according to current laws.
Practical examples
FAQ
1. What does the term "suo motu" mean in the context of stock disposal?
"Suo motu" means on one's own initiative, meaning the owner of the stock must act voluntarily to list and hand over the stock without waiting for police action.
2. Whom should existing stock of e-cigarettes be handed over to for disposal?
The stock must be submitted to the nearest office of an authorised officer, such as a police officer of the rank of sub-inspector or higher.
3. Is there any exception for keeping stock if it was purchased before the law came into force?
No, existing stock kept for sale, distribution, transport, export, or advertisement must be listed and submitted to the nearest authorised officer's office for disposal.
Test yourself
Q1.Under Section 5 of The Prohibition of Electronic Cigarettes (Production, Manufacture, Import, Export, Transport, Sale, Distribution, Storage and Advertisement) Act, 2019, who is prohibited from permitting a place to be used for storing electronic cigarettes?
Q2.Under Section 5 of The Prohibition of Electronic Cigarettes (Production, Manufacture, Import, Export, Transport, Sale, Distribution, Storage and Advertisement) Act, 2019, what must a stock owner do on their own initiative (suo motu) with stock held when the law commenced?
Q3.Under Section 5 of The Prohibition of Electronic Cigarettes (Production, Manufacture, Import, Export, Transport, Sale, Distribution, Storage and Advertisement) Act, 2019, what is the role of the authorised officer once they receive existing stock?
Q4.How does the definition of "place" in Section 3 of The Prohibition of Electronic Cigarettes (Production, Manufacture, Import, Export, Transport, Sale, Distribution, Storage and Advertisement) Act, 2019, affect the storage prohibition under Section 5?
Q5.Under Section 5 of The Prohibition of Electronic Cigarettes (Production, Manufacture, Import, Export, Transport, Sale, Distribution, Storage and Advertisement) Act, 2019, what mental state is required for a person to be liable for permitting their place to be used for storage?
Q6.Under Section 5 of The Prohibition of Electronic Cigarettes (Production, Manufacture, Import, Export, Transport, Sale, Distribution, Storage and Advertisement) Act, 2019, how does the commencement date defined in Section 1 affect existing stocks?