MCA notifies new CSR rules, to come into effect from April 1

The new Companies Act, 2013 makes it mandatory for certain sections of profitable enterprises (public and private) to spend money on social welfare programmes

GN Bureau | February 27, 2014



Moving ahead with implementation of the new Companies Act, 2013, the government notified the detailed rules for the much-awaited corporate social responsibility (CSR) norms on Thursday.

According to the rules any activity that benefits only the employees of the company and their families or any contribution directly or indirectly to a political party will not be considered as CSR.

It also says that the board of the company will decide its CSR activities approved by the CSR committee through a registered trust/society established by the company itself. If such a trust/society is not established by the company or its holding, it should have a track record of at least three years in undertaking such projects.

Replacing the nearly six-decade old regulations for corporate houses, the new Act, which comes into force from the next fiscal, beginning April 1, 2014, makes it mandatory for certain sections of profitable enterprises (public and private) to spend money on social welfare programmes.

Companies having net worth of at least Rs 500 crore or having minimum turnover of Rs 500 crore or those with at least net profit of Rs 5 crore have to make undertake CSR spending.

The overall annual CSR expenses are estimated to be around Rs 20,000 crore.

The government has identified 10 major areas including education, gender equality, environment, national heritage and the prime minister’s  relief fund where corporate houses can spend to claim credit for the mandatory 2 percent CSR expenditure.

The notified rules allow companies to collaborate with other companies for undertaking projects on CSR in such a manner that CSR committees of respective companies are in a position to report separately on such projects.

Companies are also allowed to build CSR capacities of their own personnel and the implementing agencies through institutions with track records of at least three financial years but such expenditure should not exceed five percent of the total CSR expenditure of the company in one financial year.

An emphasis is also given to disclosing the CSR expenditure. The board will have to include an annual report on CSR from 2014-15 onwards. Following the board’s approval, the CSR policy will also have to be disclosed on the company’s website.

The rules, which were finalised after the corporate affairs ministry examined over one lakh suggestions from various stakeholders, also mentions a draft format for the annual report on CSR activities to be included in the board's report.

More than 90 provisions that did not need detailed rules have already been notified.

The rule-making process for the Act saw extensive public consultations.

The minister of corporate affairs Sachin Pilot had earlier said that the rules are exhaustive and efforts have been made to include as much as possible, including health care and environment. Besides, a provision has been made under which any activity deemed as CSR by the board of the concerned company would qualify for the same, provided a disclosure is made about that for the benefit of shareholders.

In case the firms are unable to spend the money, they have to provide reasons and disclose the same.
 

 

Comments

 

Other News

Elections 2024: 1,351 candidates in fray for Phase 3

As many as 1,351 candidates from 12 states /UTs are contesting elections in Phase 3 of Lok Sabha Elections 2024. The number includes eight contesting candidates for the adjourned poll in 29-Betul (ST) PC of Madhya Pradesh. Additionally, one candidate from Surat PC in Gujarat has been elected unopp

2023-24 net direct tax collections exceed budget estimates by 7.40%

The provisional figures of direct tax collections for the financial year 2023-24 show that net collections are at Rs. 19.58 lakh crore, 17.70% more than Rs. 16.64 lakh crore in 2022-23. The Budget Estimates (BE) for Direct Tax revenue in the Union Budget for FY 2023-24 were fixed at Rs. 18.

‘World’s biggest festival of democracy’ begins

The much-awaited General Elections of 2024, billed as the world’s biggest festival of democracy, began on Friday with Phase 1 of polling in 102 Parliamentary Constituencies (the highest among all seven phases) in 21 States/ UTs and 92 Assembly Constituencies in the State Assembly Elections in Arunach

A sustainability warrior’s heartfelt stories of life’s fleeting moments

Fit In, Stand Out, Walk: Stories from a Pushed Away Hill By Shailini Sheth Amin Notion Press, Rs 399

What EU’s AI Act means for the world

The recent European Union (EU) policy on artificial intelligence (AI) will be a game-changer and likely to become the de-facto standard not only for the conduct of businesses but also for the way consumers think about AI tools. Governments across the globe have been grappling with the rapid rise of AI tool

Indian Railways celebrates 171 years of its pioneering journey

The Indian Railways is celebrating 171 glorious years of its existence. Going back in time, the first train in India (and Asia) ran between Mumbai and Thane on April 16, 1853. It was flagged off from Boribunder (where CSMT stands today). As the years passed, the Great Indian Peninsula Railway which ran the

Visionary Talk: Amitabh Gupta, Pune Police Commissioner with Kailashnath Adhikari, MD, Governance Now


Archives

Current Issue

Opinion

Facebook Twitter Google Plus Linkedin Subscribe Newsletter

Twitter