Companies Act 2013 on Corporate Social Responsibility (CSR)

Sec 135 of The Companies Act 2013 – the process… CSR Law…Parliament level CSR Rules…Government level CSR Policy…Corporate level Implementation…Corporate & community Impact…community & environment Indian Parliament’s 21st Parliamentary Standing Committee on Finance introduced CSR as a concept for the first time by including it in the guiding principles of the Companies Bill 2009. The intent was to foster greater participation of corporate India in making a collective effort to reduce the increasing gap between the ‘rich and the ‘poor’ while contributing to the socio –economic development and well-being of society. The Bill required a stipulated class of companies to make disclosures about their CSR policies and activities undertaken. The Standing Committee had concerns on corporate governance and the extent of voluntary CSR that was being carried out by Corporate India. This led to the need for providing a direction, shape and structure to the way companies could catalytically contribute to the nation’s growth and development. After much debate, discussion and consultations with various stakeholders (Government, Parliamentarians, Corporates, Civil Society and NGO’s) the CSR provisions under Section 135 were added to the Companies Bill 2012, making India the first country to mandate spend on CSR activities through statutory provisions.

CSR as defined by the MCA, Govt of India CSR is a way of conducting business, by which corporate entities visibly contribute to the social good. Socially responsible companies do not limit themselves to using resources to engage in activities that increase only their profits. They use CSR to integrate economic, environmental and social objectives with the company’s operations and growth. CSR involves increased efforts to align corporate goals with those of society and environment

Schedule VII : Permissible CSR activities Eradicating hunger, poverty and malnutrition, promoting preventive health care** and sanitation and making available safe drinking water ; Promoting education, including special education and employment enhancing vocation skills especially among children, women, elderly, and the differently abled and livelihood enhancement projects; **, Amended to ‘ promoting healthcare including preventive healthcare’ to encompass entire healthcare . Promoting gender equality, empowering women, setting up homes & hostels for women, orphans; old age homes, day care centers & other facilities for senior citizens & measures for reducing inequalities faced by socially and economically backward groups; 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.

Schedule VII : Permissible CSR activities Training to promote rural sports, nationally recognized sports, paraolympic sports and Olympic sports; Contribution to the Prime Minister’s National Relief Fund or any other fund set up by the Central Government for socio-economic development and relief and welfare of the Scheduled Castes, the Scheduled Tribes, other backward classes, minorities and women ; Rural development projects; Slum Development 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; Measures for the benefit of aimed forces veterans, war widows and their dependents; Contributions or funds provided to technology incubators located within academic institutions which are approved by the Central Government. Slum area development Swachh Bharat Kosh Clean Ganga Fund

Mandatory Reporting on CSR Initiatives Details of CSR activities undertaken during the year to be reported in the following format 1. S. No 2. CSR projects / activities identified 3. Sector in which the project is covered 4. Project / Programme wise 1)Local areas/othe rs 2)Specify the state/distri ct 5 Amount outlay (budget) project/programme wise 6. Amount spent on the programme / project subheads Direct expenditure on projects Over heads 7. Cumulative spend upto the reporting period 8. Amount spent Direct or through implementing agency Duly signed by the CEO / Managing Director / Director ; Chairman CSR Committee and Person specified under clause (d) of sub-section(1) of section 380 of the Act