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Coporate Social responsibility IN INDIA, Summaries of Law

It talks about Coporate Social responsibility IN INDIA

Typology: Summaries

2023/2024

Uploaded on 09/26/2024

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CORPORATE SOCIAL RESPONSIBILITY (CSR) IN INDIA
WHAT IS CSR?
Corporate social responsibility means the moral responsibility that a company or business
have to the society and to serve the needs and benefits of the society. This policy came from
the view that a business who use the resources of the society and depends on it for their
functioning in a way or other should discharge their responsibilities to enhance the welfare of
society. This policy indicates that a company should not only be profit motive but should also
be socially oriented. It’s also known as corporate citizenship.
CSR IN INDIA
National Voluntary Guidelines on Social, Environmental and Economic responsibilities
announced by the Government and Companies Act 2013 make CSR compelling in India. By
the Companies Act 2013 which replaced companies Act 1956, India become on of the first
countries to make CSR mandatory .CSR was adopted in India by the provisions in
Companies Act 2013.Companies Act formulated Sec 135 and Schedule VII and
Companies (Corporate Social Responsibility Policy) Rules 2014 altogether authorize
mandatory provisions for the Companies to fulfil their corporate social responsibilities.
CIRCUMSTANCES WHEN CSR APPLIES:
According to Clause 135 of the Act, Every Company:
Having net worth of 500 crore or more or;
Having turnover of 1000 crore or more or;
Net profit of 5 Crore or more.
during a financial year must constitute a CSR committee and formulate CSR policy.
A foreign company having its branch office in India if fulfilling the criteria as mentioned
above will also be applicable to fulfil their CSR.
CSR COMMITTEE
Every Company who qualifies the required criteria needs to constitute a CSR Committee of
Board consisting of:-
3 or more directors, out of which at least 1 director shall be an independent director.
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CORPORATE SOCIAL RESPONSIBILITY (CSR) IN INDIA

WHAT IS CSR?

Corporate social responsibility means the moral responsibility that a company or business have to the society and to serve the needs and benefits of the society. This policy came from the view that a business who use the resources of the society and depends on it for their functioning in a way or other should discharge their responsibilities to enhance the welfare of society. This policy indicates that a company should not only be profit motive but should also be socially oriented. It’s also known as corporate citizenship.

CSR IN INDIA

National Voluntary Guidelines on Social, Environmental and Economic responsibilities announced by the Government and Companies Act 2013 make CSR compelling in India. By the Companies Act 2013 which replaced companies Act 1956, India become on of the first countries to make CSR mandatory .CSR was adopted in India by the provisions in Companies Act 2013 .Companies Act formulated Sec 135 and Schedule VII and Companies (Corporate Social Responsibility Policy) Rules 2014 altogether authorize mandatory provisions for the Companies to fulfil their corporate social responsibilities. CIRCUMSTANCES WHEN CSR APPLIES: According to Clause 135 of the Act, Every Company:  Having net worth of 500 crore or more or;  Having turnover of 1000 crore or more or;  Net profit of 5 Crore or more. during a financial year must constitute a CSR committee and formulate CSR policy. A foreign company having its branch office in India if fulfilling the criteria as mentioned above will also be applicable to fulfil their CSR.

CSR COMMITTEE

Every Company who qualifies the required criteria needs to constitute a CSR Committee of Board consisting of:-  3 or more directors, out of which at least 1 director shall be an independent director.

 At least 2 persons in case of a foreign company out of which one person must be resident of India and another nominated by the foreign Company. FUNCTIONS OF CSR COMMITTEE: -  Committee should formulate and recommend to the Board the policy (CSR Policy) i.e., the activities the Company need to conduct as per the Schedule VII of the Act.  To recommend the amount of expenditure to be incurred on such activities.  To monitor the CSR policy of the Company from time to time.

CSR POLICY

The CSR policy of a company must include:  List of activities or projects that a Company plans to undertake within the purview of Schedule VII, specifying way such projects should take place and how they should be implemented.  Monitoring of such projects or programs It is to be noted that the surplus arising out of CSR activities shall not form part of business profit of the Company. The Board of directors should ensure that activities included in CSR of a company are related to the activities included in the Schedule VII of the Act. The CSR activities specified under Schedule VII includes: i. Eradicating hunger and poverty; ii. Promotion of education; iii. Promoting gender equality and women empowerment. iv. Reducing child mortality and improving maternity health v. Promoting health care and preventive health care vi. Ensuring environmental sustainability vii. Employment enhancing vocational skills viii. Social business project ix. Contribution to PM’s fund, or other central or state government’s funds x. Any such matters as may be prescribed. It shall be ensured that every financial year at least 2 per cent of the average net profits of the Company during the three immediately preceding financial years after the pursuance of CSR policy.