Corporate Social Responsibility

Download as docx, pdf, or txt
Download as docx, pdf, or txt
You are on page 1of 3

CORPORATE SOCIAL RESPONSIBILITY

Corporate Social Responsibility (CSR) implies a concept, whereby companies decide to


contribute to a better society and a cleaner environment – a concept, whereby the
companies integrate social and other useful concerns in their business operations for the
betterment of its stakeholders and society in general.

Companies required to constitute CSR committee:

According to section 135(1), every company having

 net worth of rupees 500 crore or more, or


 turnover of rupees 1000 crore or more, or
 a net profit of rupees 5 crore or more
During the immediately preceding financial year shall constitute a Corporate Social
Responsibility Committee.
Every company which ceases to be a company covered under subsection (1) of section
135 of the Act for three consecutive financial years shall not be required to comply
with the provisions of the Act.

Composition of CSR Committee:

The CSR Committee of the Board shall be consisting of three or more directors, out
of which at least one director shall be an independent director.

Provided that where a company is not required to appoint an independent director


under sub-section (4) of section 149, it shall have in its Corporate Social Responsibility
Committee two or more directors.
According to Rule 5(1) of the Companies (CSR) Rules, 2014,
The companies mentioned in the rule 3 shall constitute CSR Committee as under:
 an unlisted public company or a private company covered under subsection (1) of
section 135 which is not required to appoint an independent director pursuant to
sub-section (4) of section 149 of the Act, shall have its CSR Committee without such
director ;
 a private company having only two directors on its Board shall constitute its CSR
Committee with two such directors;

Duties of CSR Committee [Section 135(3)]:


The CSR Committee shall:
 formulate and recommend to the Board, a CSR Policy which shall indicate the
activities to be undertaken by the company in areas or subject, specified in Schedule
VII;
 recommend the amount of expenditure to be incurred on the activities referred to
in clause (a); and
 monitor the CSR Policy of the company from time to time.
Exceptions to CSR Activities:
The Companies (CSR Policy) Rules, 2014 provides for some activities which are not
considered as CSR activities:
 The CSR projects or programs or activities undertaken outside India [Rule 4(4)].
 The CSR projects or programs or activities that benefit only the employees of the
company and their families [Rule 4(5)].
 Companies may build CSR capacities of their own personnel as well as those of
implementing agencies through Institutions with established track records of at least
three financial years but such expenditure including expenditure on administrative
overhead shall not exceed 5% of total CSR expenditure of the company in one
financial year. [Rule 4(6)]
 Contribution of any amount directly or indirectly to any political party under section
182 of the Act [Rule 4(7)].

Activities specified under Schedule VII


Activities which may be included by companies in their CSR Policies (i.e., Activities as
specified under Schedule VII) are as follows:
1. Eradicating hunger, poverty and malnutrition, promoting health care including
preventive health care and sanitation including contribution to the Swachh Bharat
Kosh set-up by the Central Government for the promotion of sanitation and
making available safe drinking water;
2. promoting education, including special education and employment enhancing
vocation skills especially among children, women, elderly, and the differently abled
and livelihood enhancement projects;
3. promoting gender equality, empowering women, setting up homes and hostels for
women and orphans; setting up old age homes, day care centers and such other
facilities for senior citizens and measures for reducing inequalities faced by socially
and economically backward groups;
4. ensuring environmental sustainability, ecological balance, protection of flora
and fauna, animal welfare, agroforestry, conservation of natural resources and
maintaining quality of soil, air and water including contribution to the Clean
Ganga Fund set up by the Central Government for rejuvenation of river Ganga;
5. protection of national heritage, art and culture including restoration of buildings
and sites of historical importance and works of art; setting up public libraries;
promotion and development of traditional arts and handicrafts;
6. measures for the benefit of armed forces veterans, war widows and their
dependents, Central Armed Police Forces (CAPF) and Central Para Military Forces
(CPMF) veterans, and their dependents including widows;
7. training to promote rural sports, nationally recognized sports, Paralympic sports
and Olympic sports;
8. contribution to the Prime Minister’s National Relief Fund or Prime Minister’s
Citizen Assistance and Relief in Emergency situations Fund (PM CARES
FUND) any other fund set up by the Central Government for socio-economic
development and relief and welfare of the Scheduled Castes, Tribes, other
backward classes, minorities and women;
9. (a) Contribution to incubators or research development projects in the field of
science, technology, engineering and medicine, funded by Central Government
or State Government or any agency or Public Sector Undertaking of Central
Government or State Government, and
10. (b) contributions to public funded Universities; Indian Institute of Technology
(IITs); National Laboratories and Autonomous Bodies established under
Department of Atomic Energy (DAE); Department of Biotechnology (DBT);
Department of Science and Technology (DST); Department of
Pharmaceuticals; Ministry of Ayurveda, Yoga and Naturopathy, Unani, Siddha
and Homoeopathy.

11. rural development projects;


12. Slum area development. [For the purposes of this item, the term ‘slum area’ shall
mean any area declared as such by the Central Government or any State
Government or any other competent authority under any law for the time being in
force.
13. Disaster management, including relief, rehabilitation and reconstruction activities.

Penal Provisions
The Companies Act requires that:
The Board’s report shall disclose the composition of the Corporate Social Responsibility
Committee as per subsection (3) of section 134;

If the company fails to spend such amount (i.e., at least two percent of the average net
profit), the Board shall disclose and specify the reasons for not spending the amount in
its report as per Clause (o) of sub-section (3) of section 134.

In case of default Company shall be liable for a fine of rs. 50000/- which may
extend up to rs. 2500000/-

And Officers in Default shall be liable for an imprisonment up to 3 years or with


fine of rs. 50000/- which may extend upto rs. 500000/-

You might also like