Section 12 of the Factories Act 1948 - Disposal of Wastes and Effluents
Section 12 of the Factories Act, 1948 dealt with the treatment and disposal of wastes and effluents generated by manufacturing processes in factories. The provision required effective arrangements to make such wastes and effluents innocuous before disposal and empowered State Governments to prescribe or approve the required arrangements.
Text of Section 12 - Disposal of wastes and effluents
(1) Effective arrangements shall be made in every factory for the treatment of wastes and effluents due to the manufacturing process carried on therein, so as to render them innocuous, and for their disposal.
(2) The State Government may make rules prescribing the arrangements to be made under sub-section (1) or requiring that the arrangements made in accordance with sub-section (1) shall be approved by such authority as may be prescribed.
The substituted form of sub-section (1) took effect from 26 October 1976. The essential statutory idea was preventive: manufacturing waste and effluent could not simply be discharged without effective treatment and disposal arrangements.
Meaning and scope of Section 12
For the purpose of this provision, wastes and effluents referred to waste material and liquid or other discharges arising from the manufacturing process carried on in a factory. Section 12 required the occupier or management to maintain effective treatment and disposal arrangements so that such waste or effluent was rendered innocuous, meaning that it was made harmless or not injurious before disposal.
Sub-section (2) gave the State Government rule-making power. State rules could prescribe the treatment or disposal arrangements required for factories and could also require approval of those arrangements by a prescribed authority. Compliance therefore depended not only on the central statutory provision but also on the applicable rules and regulatory requirements.
Key requirements under the former Section 12
- Effective arrangements had to exist in every factory for wastes and effluents arising from its manufacturing process.
- The treatment had to be capable of rendering the wastes and effluents innocuous before disposal.
- The State Government could prescribe detailed arrangements through rules.
- The State Government could require the arrangements to be approved by the prescribed authority.
Current law under the OSH Code 2020
The Occupational Safety, Health and Working Conditions Code, 2020 consolidated a number of central labour enactments, including the Factories Act, 1948. It was brought into force from 21 November 2025. Section 134 of the Code provides for repeal of the listed enactments, including the Factories Act, from the notified date.
Under the current framework, Section 23 of the OSH Code places responsibility on the employer to maintain prescribed health, safety and working conditions. Section 23(2) specifically includes matters such as cleanliness and hygiene, ventilation, freedom from dust and noxious fumes, drinking water, lighting, sanitation and effective arrangements for treatment of wastes and effluents.
For present compliance, readers should therefore consult the OSH Code, the applicable rules, standards, notifications and any relevant environmental legislation or consent conditions governing industrial waste and effluent treatment.