criteria. This Rule enlarges scope of Section 135. The provision applies to both
public company and private company.
Eligibility criteria
A company satisfies the eligibility test if any of following three criteria is
satisfied:
(i) Net worth Rs. 500 cr. or
(ii) Turnover Rs. 1000 cr.
(iii) Net profit Rs. 5 cr.
A foreign company shall compute net worth, turnover or net profit in
accordance with the Balance Sheet and Profit and Loss Account in accordance
with provisions of Section 381(1) and Section 198. Other companies shall
compute net worth, turnover or net profit in accordance with the Balance Sheet
and Profit and Loss Account in accordance with provisions of Section 129(1)
and Section 198. There is no need to make any change to the financial
statement and net profit computed in accordance with previous Companies Act.
Composition of CSR committee
A company shall constitute a CSR committee consisting of 3 or more directors
out of which at least one director shall be an independent director.
(i) An unlisted public company or a private company falling at the ambit of
Section 135(1) which is not required to appoint an independent director
pursuant to section 149(4) shall have its CSR Committee without such director.
(ii) A private company having only two directors on its Board shall constitute its
CSR Committee with two such directors.
With respect to a foreign company covered under these rules, the CSR
Committee shall comprise of at least two persons of which one person shall be
as specified under Section 380(1)(d) and another person shall be nominated by
the foreign company.[Section 380(1)(d): Every foreign company shall, within 30
days of the establishment of its place of business in India, deliver to the
Registrar for registration the name and address or the names and addresses of
none or more persons resident in India authorized to accept on behalf of the
company service of process and any notices or other documents required to be
served on the company.]
1.2.
IMPORTANCE OF CSR
Current times dont allow for companies to simply be in business for the sake of
making a profit anymore. While consumers may rely on corporations for goods
and services, the level of competition allows customers to make decisions based
on several factors, including (maybe surprisingly) how much good a corporation
is also doing outside of the workplace. Many individuals today are basing their
corporate loyalties on how companies are positively impacting their community
takes
great
care
to
ensure
the
materials
used
in
its
products
are
environmentally safe and the process is sustainable, this goes a long way in the
eye of the public. Remember, consumers feel good shopping at institutions that
help the community. Clean up your public image (and broadcast it to the
world!)
AN
OVERVIEW OF
CSR RULES
UNDER
The Ministry of Corporate Affairs has notified Section 135 and Schedule VII of
the Companies Act 2013 as well as the provisions of the Companies (Corporate
Social Responsibility Policy) Rules, 2014 to come into effect from April 1, 2014.
With effect from April 1, 2014, every company, private limited or public limited,
which either has a net worth of Rs 500 crore or a turnover of Rs 1,000 crore or
net profit of Rs 5 crore, needs to spend at least 2% of its average net profit for
the
immediately
preceding
three
financial
years
on
corporate
social
branches or project offices in India fulfill the specified criteria. There is a need
for clarity with respect to the compliance obligations of a company as well as its
holding and subsidiary companies.
The activities that can be undertaken by a company to fulfill its CSR
obligations include eradicating hunger, poverty and malnutrition, promoting
preventive healthcare, promoting education and promoting gender equality,
setting up homes for women, orphans and the senior citizens, measures for
reducing inequalities faced by socially and economically backward groups,
ensuring environmental sustainability and ecological balance, animal welfare,
protection of national heritage and art and culture, measures for the benefit of
armed forces veterans, war widows and their dependents, training to promote
rural, nationally recognized, Paralympic or 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 SC, ST,
OBCs, minorities and women, contributions or funds provided to technology
incubators located within academic institutions approved by the Central
Government and rural development projects.
However, in determining CSR activities to be undertaken, preference would
need to be given to local areas and the areas around where the company ope