I. INTRODUCTION:

On 18^th September 2019, the President of India promulgated (under article 123(1) of Indian Constitution) an ordinance to ban the electronic cigarettes. The ordinance to ban electronic cigarettes has been published in the Gazette of India on 18^th September 2019. This is an ordinance 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 fro matters connected therewith and accidental thereto. This ordinance may be called Prohibition of Electronic Cigarettes (production, manufacture, import export, transport, sale, distribution, storage and advertisement), Ordinance, 2019.

The concerned ordinance is an outcome of:

• World Health Organisation Framework Convention on Tobacco Control adopted in Geneva, Switzerland on 21st day of May, 2003;
• Article 51 of the Indian Constitution requires the State to make an effort to foster for International Law and Treaties Obligations;
• Since these devices are injurious to health and proliferation of these products has a negative impact on public health, it is important to prohibit the production, manufacture, import export, transport, sale, distribution, storage and advertisement of electronic cigarettes enjoined by article 47 of the Constitution of India[1]. 

II. IMPORTANT PROVISIONS:

Section 4 (Production, Manufacture, Import, Export, Transport, Sale, Distribution, Storage and Advertisement of Electronic Cigarettes)[2]:

On and from the date of commencement of this ordinance, no person shall, directly or indirectly;

1. 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
2. advertise electronic cigarettes or take part in any advertisement that directly or indirectly promotes the use of electric cigarettes.

Section 5 (Prohibition on Storage of Electronic Cigarettes)[3]:

On and from the date of commencement of this Ordinance, 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 commencement of this Ordinance kept for sale, distribution, transport, export or advertisement shall be disposed of in the manner hereinafter specified:

1. the owner or occupier of the place with respect to the existing stock of electronic cigarettes shall, Suo Moto, 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
2. the authorised officer to whom any stock of electronic cigarettes if 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.

III. PENALTIES UNDER THE ORDINANCE:

Section 7 (Punishment for Contravention of Section 4)[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 five lakh rupees.

Section 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.

[1] Preamble, Prohibition of Electronic Cigarettes (production, manufacture, import export, transport, sale, distribution, storage and advertisement), Ordinance, 2019.

[2] Sec 4, Prohibition of Electronic Cigarettes (production, manufacture, import export, transport, sale, distribution, storage and advertisement), Ordinance, 2019.

[3] Sec 5, Prohibition of Electronic Cigarettes (production, manufacture, import export, transport, sale, distribution, storage and advertisement), Ordinance, 2019.

[4] Sec 7, Prohibition of Electronic Cigarettes (production, manufacture, import export, transport, sale, distribution, storage and advertisement), Ordinance, 2019.