Corporate Social Responsibility (CSR) implies a concept, whereby companies decide voluntarily 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 their stakeholders and society in general in a voluntary way.
Basically, “Corporate Social Responsibility” means and includes but is not limited to:
Projects or program relating to activities specified in Schedule VII to The Act.
Projects or program relating to those activities which are undertaken by the Board of directors of a company in ensuring the recommendation of the CSR Committee of the Board as per declared CSR Policy of the Company along with the conditions that such policy will cover subjects specified in Schedule VII of the Act.
Applicability
The provisions of CSR applies to:
Every company
Its holding company
It’s subsidiary company
Foreign company
Having in the preceding financial year:
Net worth > 500 crore
Turnover > 1000 crore
Net profit > 5 crore
Importance of Corporate Social Responsibility
CSR is an immense term that is used to explain the efforts of a company in order to improve society in any other way.
CSR improves the public image by publicizing the efforts towards a better society and increase their chance of becoming favourable in the eyes of consumers.
CSR increases media coverage as media visibility throws a positive light on the organisation.
CSR enhances the company’s brand value by building a socially strong relationship with customers.
CSR helps companies to stand out from the competition when companies are involved in any kind of community.
Role of Board of Directors
The role of the Board of Directors is as follows:
After considering the recommendations made by the CSR Committee, approve the CSR policy for the Company.
The Board must ensure only those activities must be undertaken which are mentioned in the policy.
The Board of Directors shall make sure that the company spends in every financial year, minimum of 2% of the average net profits made during the 3 immediately preceding financial years as per CSR policy.
In case a company has not completed 3 financial years since its incorporation, the average net profits shall be calculated for the financial years since its incorporation.
The Board’s Report shall disclose:
CSR Committee’s composition
The contents of CSR Policy
In case CSR spending does not meet 2% as per CSR Policy, the reasons for the unspent amount, and details of the transfer of unspent amount relating to an ongoing project to a specified fund (transfer within a period of six months from the expiry of the financial year).
Transfer and Use of Unspent Amount
The specified funds for transfer of unspent amount are:
A contribution made to the prime minister’s national relief fund.
Any other fund is initiated by the central government concerning socio-economic development, relief and welfare of the scheduled caste, minorities, tribes, women and other backward classes.
A contribution made to an incubator is funded either by the central government, the state government, public sector undertaking of state or central government, or any other agency.
Contributions made to:
Public-funded universities
National Laboratories and Autonomous Bodies (established under the auspices of the Indian Council of Agricultural Research (ICAR)
Council of Scientific and Industrial Research (CSIR)
Department of Atomic Energy (DAE)
Indian Institute of Technology (IITs)
Indian Council of Medical Research (ICMR)
Defence Research and Development Organisation (DRDO) Ministry of Electronics and Information Technology)
Department of Science and Technology (DST) engaged in conducting research in technology, science, medicine, and engineering aimed at encouraging Sustainable Development Goals (SDGs).
In case of the unspent amount relating to an ongoing project under the company’s CSR policy, the amount shall be transferred by the firm in less than 30 days from the end of the financial year to an exclusive account to be opened by a firm in any scheduled bank.
The account shall be designated as ‘Unspent Corporate Social Responsibility Account’, and the funds shall be used towards its obligations under the CSR policy within a period of three financial years from the date of the transfer.
In a case where the company fails to utilise the funds at the end of the three financial years, the funds should be transferred to the specified fund mentioned above within a period of thirty days upon completion of the third financial year.
Constitution of the CSR Committee
Every company to which CSR criteria is applicable shall constitute a Corporate Social Responsibility of the Board (i.e. CSR Committee).
Minimum 3 or more directors must form CSR Committee.
Among those 3 directors, at least 1 director must be an independent director.
An unlisted public company or a private company shall have its CSR Committee without any independent director if an independent director is not required.
In case of a foreign company, the CSR Committee shall comprise of at least 2 persons of which one person shall be a person resident in India authorized to accept on behalf of the foreign company – the services of notices and other documents. Also, the other person shall be nominated by the foreign company.
Duties of the CSR Committee
The CSR Committee shall formulate and recommend a CSR policy to the Board. CSR policy shall point out the activities to be undertaken by the company as enumerated in Schedule VII.
CSR Committee shall recommend the amount of expenditure to be incurred on the CSR activities to be undertaken by the company.
CSR Committee shall monitor the CSR policy of the Company from time to time.
The committee shall establish the transparent controlling mechanism for the implementation of the CSR projects or programs or activities undertaken by the company.
CSR Reporting
With respect to CSR Reporting, the provisions are as follows :
The Board’s Report referring to any financial year initiating on or after the 1st day of April 2014 shall include an annual report on CSR.
In the case of a foreign company, the balance sheet filed shall contain an Annexure regarding a report on CSR.
CSR Policy
CSR Policy elaborates the activities to be undertaken by the Company as named in Schedule VII to the Act and spend. The activities should not the same which are done by the company in its normal course of business
Contents of CSR Policy should be placed on the company’s website by the Board.
The activities mentioned in the policy must be undertaken by the company.
The Company can join hands with other companies for undertaking projects or programs or CSR activities and report separately on such programs or projects.
The CSR policy shall monitor the projects or programs.
