As per
Section 135 of the Companies Act 2013 the CSR provisions will be
applicable companies who fulfil any of the following criteria during any of the
3 preceding financial year:
- Companies having net worth of rupees 500 crore or more
- Companies having turnover of rupees 1000 car or more
- Companies having a net profit of 5,00,00,000 or more
The CSR rules have widened the ambit of compliance obligations to include the
holding and subsidiary companies as well as foreign companies whose branches or
project offices in India which fulfil the criteria specified.
If a company ceases to be a company covered under subsection (1) of section 135
of the act for 3 consecutive financial years shall not be required to:
- constitute a CSR committee
comply with the provisions contained in subsection (2) to subsection (5) of the
said section till such time it meets the criteria specified in subsection (1) of
section 135
Definitions:
Yogakshema - Welfare of the society.
The continuing commitment of business to maintain the society
According to the World Business Council for Sustainable Development, the
continuing commitment of a business to behave ethically and contribute to
economic development, while improving the quality of life of workforce as well
as local community and society at large.
As per the Business for Social Responsibility, CSR is operating a business in a
manner which meets or excels the ethical legal commercial and public expectation
that society has from business.
CSR Expenditure:
- The board of every company shall ensure that the company must spend in every
financial year, at least 2% of the average net profits of the company made
during the 3 immediate proceeding financial years
- If the company fails to spend such an amount the board shall in the report
specify the reason for not spending the amount
- Preference to be given to local areas and around areas where it operates
- Expenditure incurred on specified activities that are carried out in India will
only qualify as CSR expenditure
- Expenditures incurred in undertaking the normal course of business will
not form a part of the CSR expenditure
- Any surplus arising out of CSR activities will not be considered as business
profit of the company
CSR Policy:
CSR policy relates to the activities that are to be undertaken by the company as
specified in schedule 7 of the act and also in the hey CSR policy rules 2014
CSR Committee:
Type Of Company |
Number Of Directors Required To Constitute
CSR Committee |
Number Of Independent Directors Required To
Constitute CSR Committee |
Listed Company |
3 |
1 |
Public Company |
3 |
No Independent Director Required |
Private |
3 |
Not Mandatory |
Companies that qualify the conditions required to have an expenditure on
corporate social responsibility must constitute a committee of the board to
formulate and monitor the CSR policies of a company.
Under section 135 of the 2013 act the CSR committee is to consist of at least 3
directors including at least one independent director. CSR rules exempt unlisted
companies and private companies that are not required to appoint an independent
director from having an independent director as a part of the CSR committee.
CSR rules have further relaxed the requirement hey requiring the presence of 3
or more directors on the CSR committee of the board. In case where a private
company has only 2 directors on the board, the CSR committee can be constituted
with these 2 directors
List Of CSR Activities:
- Eradicating hunger, poverty and malnutrition
- Promoting education including special education and employment enhancing
vocational skills
- Promoting gender equality
- Ensuring environmental sustainability
- Protection of national heritage, art and culture
- Measures for the benefit of armed forces veterans and their dependence
- Training and promote rural sports, nationally recognised sports and Olympic
sports
- Contribution to the Prime Ministers National Relief Fund
- Contribution or funds provided to Technology Incubators located within Academy
Institutions
- Rural development projects
- Slum area development
Disclosure Requirements:
It is mandatory for companies to disclose in its board report, an annual report
on CSR. The report of the board of directors attached to the financial statement
of the companies would also need to include an annual report on the CSR
activities of the company in the format specified below:
- a brief outline of the companies CSR policy
- the composition of the CSR committee
- average net profit of the company for last 3 financial years
- prescribe CSR expenditures
- details of CSR spend during the financial year
In case company has failed to spend the 2% of the average net profit of the last
3 financial years, the company shall provide reasons for not spending the amount
in its board report
the responsibility statement of the CSR committee that the implementation and
monitoring of the CSR policy is in compliance with the CSR objectives and
policies of the company.
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