The Government on Thursday issued an ordinance to ban e-cigarettes, making the production, import, export, transport, sale or advertisements of such “alternative” smoking devices a cognizable offence attracting jail term and fine.
First time violators will face a jail term of up to one year and a fine of ₹1 lakh. For subsequent offences, a jail term of up to three years or a fine of ₹5 lakh, or both according to the ordinance.
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The storage of e-cigarettes shall now be punishable with imprisonment of up to six months or a fine of up to ₹50,000 or both.
The Union Cabinet on Wednesday decided to ban production, import, distribution and sale of electronic cigarettes, Finance Minister Nirmala Sitharaman said.
Ms. Sitharaman, who had headed a Group of Ministers (GoM) on the issue, said the Cabinet decided to ban e-cigarettes and similar products as they pose health risk to people, especially the youth.
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The ordinance also allows authorised officials to conduct searches in premises stating that where such searches are not permissible, authorities may attach properties, stocks of e-cigarettes or records maintained by the manufacturer, producer exporter, transporter, importer, stockist against whom a complaint has been made.
It also said that that the owner or occupier of the place which stock of e-cigarettes shall voluntarily prepare a list of such stock in his possession and without delay submit the stock to the nearest authorised officer.
However, e-cigarettes promoting trade bodies, users and other stakeholders slammed the government’s move to ban “alternative” smoking device through the ordinance route, alleging it was a “draconian” step taken in haste to protect the conventional cigarette industry.
Association of Vapers India (AVI), an organisation representing e-cigarette users, also alleged that it is a black day for 11 crore smokers in India who have been deprived of safer options.