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    CSDiv Ecigerete 12122019

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    CSDiv Ecigerete 12122019

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    CSDiv Ecigerete 12122019

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    of 10
    No. 24013/50/Misc./2019-CSR.1IL Ministry of Home Affairs (CS Division) pees North Block, New Delhi Dated the 07 October, 2019 To, The Chief Secretaries, All State Governments & UT Administrations. Subject:"The Prohibition of Electronic Cigarettes (production, manufacture, import, export, transport, sale, distribution, storage and advertisement) Ordinance, 2019'- Regarding. Sir/Madam, Government of India has prohibited electronic-cigarettes through promulgation of ‘The Prohibition of Electronic Cigarettes (production, manufacture, import, export, transport, sale, distribution, storage and advertisement) Ordinance, 2019'. The salient features of the Ordinance are:- a) E-cigarettes includes all forms of Electronic Nicotine Delivery Systems, Heat Not Bur 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. ) Production, manufacture, import, export, transport, sale, distribution, storage and advertisement of electronic-cigarettes or any parts or components thereof such as refill pods, atomisers, cartridges etc, is prohibited. Online sale and advertisement have also been prohibited. ©) Individual possession of e-cigarettes for personal use is not an offence. d) Punishment: () For production, manufacturing, import, export, transport, sale, distribution and advertisement - imprisonment upto one year or fine up to rupees one lakh or both. For subsequent offence, imprisonment upto three years and fine upto rupees five lakh, It shall be a cognizable offence. (i) For storage - Imprisonment upto six months or fine upto rupees fifty thousand or both. Contd... >/- & -2- (ii) Sub-Inspector of Police is the Authorized Officer to conduct search and seizure. Other Officers can also be notified as Authorized Officer by Central/State Governments. (iv) An opportunity is provided to the owners of existing stocks of e- cigarettes on the date of commencement of the Ordinance to suomoto declare and deposit these stocks at the nearest police station without unnecessary delay. 2, The Ordinance has come into effect on 18.09.2019. A copy of ‘The Prohibition of Electronic Cigarettes (production, manufacture, import, export, transport, sale, distribution, storage and advertisement) Ordinance, 2019' is enclosed. 3. You are, therefore, requested to kindly implement "The Prohibition of Electronic Cigarettes (production, manufacture, import, export, transport, sale, distribution, storage and advertisement) Ordinance, 2019’ in the larger interest of Public Health. It is also requested to kindly ensure that it is circulated amongst all concerned officers/authorities in the State/ UT. Encl. As above Yours faithfully, No eo (S. K. Shahi) Joint Secretary to the Govt. of India Tel: 011 -23388024 Copy for information and necessary compliance to:- 1. _ The Principal Secretary/Secretary (Home) } All State Governments/ 2. The Director General of Police UT Administrations, Copy also for information to:- Secretary, Department of Health and Family Welfare, Ministry of Health and Family Welfare w.r.t . D.O. letter No. P-16012/23/2019-TC dated 19.09.2019. ae sire Bh yee jow/000772008—~19 REGISTERED NO. DL-(")04/000772003-19 ere at Che Gazette of Badia EXTRAORDINARY sm we 1 PART IT— Section 1 wen a verte PUBLISHED BY AUTHORITY ord fis ye ton d wit fit fe arsed ders aac ae Ssparate pings given to this Partin order that lay be ed as separate coupon MINISTRY OF LAW AND JUSTICE Gegislative. Departnicnt) ‘New Dethi the 8th Seprenber 2019/Bhadra27, 1941 (Sate THE PROHIBITION OF ELECTRONIC. CIGARETTES (@RODUCTION, MANUFACTURE, IMPORT, EXPORT, TRANSPORT, SALE, DISTRIBUTION, CLORAGE, AND ADVERTISEMENT ORDINANCE, 2019 No 14 0r2019 a Promulgated by the President in the Seventicth Year of the Republic of India. An Ordinance to prohibit the production, manufectire, import, export, transport, sale, distibution, storage and WHEREAS India is a signatory to the World Health Organisation Framework Convention on Tobscco Control adopted in Geneve, Switzerland on 21" day of May, 2003 which came into force on the 27* day of February, 2005; ‘THE GAZETTE OF INDIA EXTRAORDINARY (Past Short tte and ‘commencement, Declaration as taexpediency ‘of contrel by Union. Definitions. AND WHEREAS the Conference of Parties established under article 23 of the said Convention took a decision on the 18" day of October, 2014 to invite the Parties to the Convention to consider prohibiting or regulating the electronic cigarettes or the Electronic Nicotine Delivery Systems and the Electronic non-Nicotine Delivery Systems, including as tobacco products, medicinal products, consumer products or other categories, as appropriate, taking into accounta high level of protection for human health; AND WHEREAS the Conference of Parties took a decision, to urge the Parties to the Convention to consider banning or restricting advertising, promotion and sponsorship of the said Delivery Systems; AND WHEREAS since these devices are injurious to health and proliferation of these products has negative impact oa public health, it is expedient to prohibit the production, manufacture, import, export, transport, sale, distribution, storage and advertisement of electronic cigarettes as enjoined by article 47 of the Constitution of India; AND WHEREAS article 51 of the Constitution of India requires the State to endeavour to foster respect for intematioaal law and treaty obligations in the deelings of organised peoples with one another; AND WHEREAS Parliament is not in session and the President is satisfied that circumstances exist which render it necessary for him to take immediate action; NOW, THEREFORE, in exercise of the powers conferred by clause (1) of article 123 of the Constitution, the President is pleased to promulgate the following Ordinance: — 1. (1) This Ordinance may be called the Prohibition of Electronic Cigarettes (Production, Manufacture, Import, Export, Transport, Sale, Distribution, Storage and Advertisement) Ordinance, 2019, (2) It shall come into force at once. 2, Itis hereby declared that it is expedient in the public interest that the Union should tke under its control the electronic cigarettes industry. 3. Jn this Ordinance, unless the context otherwise requites,— THE GAZETTE OF INDIA EXTRAORDINARY 250 (@) “advertisement” means any audio or visual Peblicity, Tepresentation or pronouncement made. by ‘meals of any light, sound, smoke, gas, print, electronie ‘media, intemet or website or social media and includes through aay notice, circular, label, wrapper, invoice op other document or device; (8) “authorised officer* means — ( any police officer not below the rank of sub- inspector; or; Gi) any other officer, not below the rank of sub- Exspector, authorised by the Central Goverment or the State Government by notification; (6 “

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