346x Filetype PPTX File size 1.10 MB Source: dpe.gov.in
Corporate Social Responsibility
(CSR) Legislation
• For the first time, anywhere in the world, CSR for companies, including CPSEs
has been mandated through legislation in India
• Section 135 of the Companies Act, 2013 contains CSR provisions
• Schedule VII of the Act enumerates activities that can be undertaken by CPSEs as
CSR
• Section 135, amended Schedule VII of the Act, and the Companies (Corporate
Social Responsibility Policy) Rules, 2014 were notified by M/o Ministry of
th
Corporate Affairs on 27 Feb 2014
• All came into force from 01.04.2014. This is the first year of implementation of
CSR by CPSEs under the Act
• 2014-15 was the first year of implementation of CSR by Companies under the Act
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Highlights of Statutory
Provisions
• Under Section 135 of the Act, companies, including CPSEs crossing thresholds, i.e.,
• Net Worth of INR 500 crore or more; OR
• Turnover of INR 1000 crore or more; OR
• Net Profit of INR 5 crore or more, are required to discharge the obligations of CSR.
• At least 2% of the average net profits of the company made during 3 immediately preceding
financial years are to be spent on CSR activities every year.
• ‘Net profit’ for computation of CSR spends is to be computed as per Section 198 of the Act
and is ‘Profit Before Tax’ (PBT).
• Such companies have to constitute a CSR committee of the Board, comprising of three
Directors or more with at least one Independent Director.
• The CSR projects or programs or activities undertaken in India only shall amount to CSR
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Expenditure, though companies shall give preference to the local area and areas around its
operations.
Responsibilities of the CSR
Committee & Company’s Board
Responsibilities of the CSR Committee :
• To formulate and recommend a CSR policy which shall indicate activities as specified
in Schedule VII of the Act.
• To recommend amount of expenditure to be incurred on CSR activities
• To monitor the CSR policy of the company from time to time.
Responsibilities of the Company’s Board :
• Approve and disclose CSR Policy in the Annual Report and on the company website
• Ensure implementation of CSR activities as per the Policy
• Directors’ Report to specify reasons in case the specified amount is not spent
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Activities covered in Schedule VII of the Act
•Eradicating hunger, poverty, malnutrition, promoting healthcare including contributions to
“Swach Bharat Kosh”
•Promoting education and employment enhancing vocational skills;
• Promoting gender equality, empowering women;
•Ensuring environmental sustainability including contribution to “Clean Ganga Fund”;
•Protection of national heritage, art and culture;
•Measures for the benefit of armed forces, war widows and their dependents;
•Promotion of sports;
•Contribution to the Prime Minister's National Relief Fund or any other fund set up by the
Central Government;
•Contribution to technology incubators;
•Rural development projects; 5
•Slum-area development;
Activities outside the Purview of
CSR
• The CSR projects or programs or activities that benefit only the employees of the
company and their families
• One-off events such as marathons/ awards/ charitable contribution/
advertisement/sponsorships of TV programmes etc.
• Expenses incurred by companies for the fulfillment of any Act/ Statute of
regulations (such as Labour Laws, Land Acquisition Act etc.)
• Contribution of any amount directly or indirectly to any political party
• Activities undertaken by the company in pursuance of its normal course of business.
• Contributions flowing out of budgetary resources, profits or from the balance sheets
of CPSEs to PMNRF.
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