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.
- Company or Business Entity – If the Violation is done in the name of the company, “like using incorrect weights, misleading, or not having LMPC registration,” the company itself is liable under the Legal Metrology Act.
- Owner or Proprietor – If it’s a sole proprietorship or partnership firm, the owner is directly responsible and might be prosecuted for any non-compliance.
- Director, Managers, or Supervisors – If the offence is committed by a company, any person who was in charge or responsible for day-to-day business operations at the time of the offence, like a manager or director, can also be prosecuted.
- Employees or Staff – If an employee knowingly participates in or causes violations, such as altering labels, using faulty weights, or ignoring rules, they too can be held accountable.
However, according to Section 49 of the Act, any person accused, such as a manager or an employee, can defend themselves by proving:
- The offence was committed without their knowledge
- They have exercised due diligence to prevent the offence
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:
- The Managing Directors
- The Manager or Supervisor
- Other Person in authority related to the offence
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:
- They were responsible for day to day business operations
- The offence happened with their knowledge
- They failed to prevent the offence through proper care and action
However, a manager may avoid prosecution if they can prove:
- The offence was committed without their knowledge
- They have exercised all due diligence to prevent ut
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:
- The person directly committed or assisted in the violation
- They acted knowingly or willfully
- They acted under instructions to break the law, and did so without raising objections.
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:
- Knowingly – The person was aware that the act was illegal
- Negligently – The person failed to take necessary care or follow the rules
- With dishonest intention – The person purposely tried to cheat the customer or the government
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:
- They took reasonable precautions
- They can prove the mistake wasn’t intentional
- They acted promptly to correct the error
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:
- The offence was committed during business hours
- There was a lack of a proper system or supervision to follow legal metrology rules
- The company failed to take preventive steps, like training employees or ensuring correct packaging.
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.
- Understand and Follow Legal Metrology Rules
- Appoint A Legal Metrology Compliance Officer
- Get Legal Metrology Registration or Certificate
- Conduct Regular Internal Audits
- Train Employees
- Maintain Proper Records
- Avoid Misleading Claims
- Update Packaging with Regulatory Changes
- Work with a Legal Metrology Consultant
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.
- Expert Guidance From Start To End
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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.
Can Both the Company And Its Employees be Prosecuted Under the Legal Metrology Act?
Yes, both the company and its employees can be prosecuted under the Legal Metrology Act if responsible at the time of the violation.
Is It Possible To Avoid Prosecution Under the LM Act?
Yes, it is possible to avoid the LM Act if the accused proves that the offence occurred without their knowledge.
