Who can be prosecuted under the LM Act is a serious question for companies, managers, and employees in the trade of packaged goods, & weighing instruments. The Legal Metrology Act, 2009, not only regulates the accuracy of weights and measures used in trade but also identifies accountability in case of violations. This means that prosecution under the LM Act is not limited to just the business entity; it extends to individuals such as owners, directors, managers, and even employees, depending on their offence. Certainly, if you are a part of any organisation that deals with packaging, labelling, or weights & measures. Understanding who can be prosecuted under the LM Act is important. What Does the Legal Metrology Act Say About Responsibility For Non-Compliance? The Legal Metrology Act, 2009, clearly states that any person responsible for violating the Act’s rules can be held legally accountable. This includes not only the company or owner but also any manager, employee, or person who was in charge at that time of the offence. Who Can be Prosecuted Under the LM Act – Owner, Manager, or Employee? Under the Legal Metrology Act, not just the company, but owners, managers, and even employees can be prosecuted, based on their role and responsibility in the offence. However, according to Section 49 of the Act, any person accused, such as a manager or an employee, can defend themselves by proving: Is the Company Owner Always Liable Under The Legal Metrology Act? No, the company owner is not always automatically prosecuted under the LM Act. Liability is based on their level of involvement and responsibility in the offence. Under the Legal Metrology, when a company commits an offence, such as using incorrect weights, misleading products, or failing to register under the Legal Metrology (Packaging and Containers) Rules, the Company is treated as a legal entity and can be prosecuted. However, the Act also stipulates that every person who was in charge of and responsible for the conduct of business at the time of the offence can be prosecuted under the LM Act. This includes: Can a Manager Be Held Responsible Under the Legal Metrology Act? Yes, a manager can be held responsible under the Legal Metrology certification if the offence occurred under the supervision or control. According to the LM Act, when a company or organisation commits a violation such as improper packaging, using inaccurate weights, or selling unverified goods, not only the company but also the individuals in charge of its business operations at the time can be prosecuted under the LM Act. This includes managers if: However, a manager may avoid prosecution if they can prove: Are Employees Also Prosecuted Under the LM Act? Yes, employees can also be prosecuted under the LM Act, but only in specific situations. The act mainly holds the company and the person in charge responsible. However, if an employee is directly involved in committing the offence, such as tampering or using non-standard measurement, then that employee can also face legal action. Employees may be prosecuted if: What Role Does Intent Play in Legal Metrology Act Prosecution? Intent plays an important role in prosecution under the Legal Metrology Act, especially when deciding whether a person should be punished for non-compliance. Under the Act, the authorities look at whether the offence was committed: If someone intentionally breaks the law, like selling underweight products or misleading items, they are more likely to be strictly punished under the LM Act. On the other hand, if the violation happens by mistake or without knowledge, the person may get a chance to explain and avoid harsh penalties: When Is a Company Itself Prosecuted Under the LM Act? A company is prosecuted under the LM Act when the violation is linked to the company’s overall responsibility or business practices. This means if an offence like using incorrect weights, misleading products, or selling non-compliant packages happens as part of the company’s operations, then the company as a legal entity can be held liable. A company may be prosecuted when: In such cases, both the company and the responsible person, such as directors, managers, or employees, can be prosecuted together. How Can Companies Avoid Prosecution Under The Legal Metrology Act? To avoid being prosecuted under the LM Act, companies must strictly follow the packaging, weighing, and labelling rules set by the Act. Penalties Under Legal Metrology Act for Owners, Managers, Or Employees? Under the Legal Metrology, if a company violates the law, not only the company but also responsible individuals like owners, managers, and sometimes employees can be punished. The law checked who was responsible or aware of the violation at the time it happened. If they knew or failed to stop the violation, they can face legal action. S.No. Person Involved When Are They Penalised? Possible Penalties 1. Company Owner If directly involved in the violation or failed to ensure compliance Fine or imprisonment 2. Manager/Director If they were in charge and knew about the violation or neglected duties Fine, imprisonment, or both 3. Employee If directly responsible for the act Usually fined, may face action if the offence is proven to be intentional 4. Company When the violations are due to the company’s policies, systems, or lack of compliance Fines, product seizure, license cancellation Why Choose ELT Corporate For Legal Metrology Advisory and Compliance Services? At ELT corporate, we make Legal Metrology compliance simple, smooth, and hassle-free for manufacturers, importers, brand owners, and e-commerce sellers. Our expert team meets all legal metrology requirements under Indian laws. Still worried? Don’t worry, we are here for you. As the best regulatory consultancy in India, we are just a call away. Dial 9891998002 to email us at info@legalmetrologyindia.com.