Agarwal Gudakhu factory for manufacturing tobacco tooth paste commonly referred to as ‘Gudakhu’ since 1957. The factory is located in a thickly populated area of Kharsia town in Raigarh district. The factory is not fulfilling consent as required under Sections 25 and 26 of the Water (Prevention and Control of Pollution) Act, 1974. The factory is carrying on tobacco processing operations in its unit, which is generating highly polluted effluents; the unit is being operated without following the rules of the State Pollution Control Board in violation of the Water (Prevention and Control of Pollution) Act. The factory is discharging the effluents from its unit without any treatment resulting in pollution of the water reservator which was used for human consumption. Section 7 of the Environment (Protection) Act, 1986 the said Chapter 3 lays down that no person carrying on any industry, operation or process shall discharge or emit or permit to be discharged or omitted any environmental pollutant in excess of such standards as may be prescribed. Section 24(1)(a) of the Water (Prevention and Control of Pollution) Act, 1974 provides, inter alia, that no person shall knowingly cause or permit any poisonous, noxious or polluting matter determined in accordance with such standards as may be laid down by the State Board to enter whether directly or indirectly into any stream or well or sewer or on land. Section 11A of the Central Excise Act read with Rule 9(2) of the Central Excise Rules, 1944 and Rule 209A of the Central Excise Rules. 2 have to be imposed as there are definite discrepancies in the records, registers, raw materials and finished goods maintained by Agarwal Gudakhu factory. Agarwal Gudakhu factory also does not comply with THE MINIMUM WAGES ACT, 1948, provisions (2.2), (2.3), (2.5). Income Tax department should also get into the Agarwal Gudakhu factory’s books as they had undeclared income that was brought under tax liability in the first quarter of 2013-2014 by the chief IT Commisioner and Income Tax department officials. Food and Drug Administration officials need to investigate the Agarwal Gudakhu factory as there were previous incidents where parrot brand gudhaku had been seized in Jammu under black market smuggling.

Complainant Information
name- rakeshpatel