corporate social responsibility (CSR) is a new concept of the company’s act 2013. According to sec. 135 every company
registered under the companies’ act 2013 and company registered under company act 1956 shall spend 2% of average net profit of the company made during the three immediately preceeding financial year on CSR activities if satisfy any one condition which are stated below :
Net
profit >=500 crore.
OR
Turnover
>=1000 crore.
OR
Net
profit >= 5 crore.
During any financial year.
Composition of CSR
committee:
The CSR committee shall be consisting of
minimum three director and out of which at least one director shall be
independent director.
Exception: (1) unlisted public company or private
company which is not required to appoint independent director shall constitute
CSR committee without independent director.
(2). A private company having only two directors on its
board shall constitute CSR committee with two such directors.
(3). In case of foreign company, the CSR committee shall
comprise of at least two persons of which one person shall be as specified
under section 380(1)(b) of the act and another person shall be nominated by the
foreign company.
Duties of CSR
committee :
Ø
Recommend the CSR policy to the board.
Ø
Recommend the amount of expenditure to be
incurred on CSR policy.
Ø
Monitor the CSR policy of the company from time
to time.
Duties of board:
Ø
Approve the CSR policy on the basis of
recommendation made by the CSR committee.
Ø
Ensure that the activities included in the
policy are undertaken by the company.
Amount of
contribution towards CSR:
2% of the average net profit of the company
made during the three immediately preceding financial years. Net profit shall be calculated in accordance
with the provision of sec. 198.
CSR reporting:
(1).
The board’s report of a company covered under this rules pertaining to a
financial year commencing on or after the 1st day of april 2014
shall include an annual report on CSR.
(2).
In case of foreign company, the balance sheet filed under section 381(1)(b)
shall contain an annexture regarding report on CSR.
(3).
If the company has any website the CSR policy should be displayed on the
company’s website.
Which activities would not
qualify as CSR:
Ø
Projects or programmers that benefit only the
employee of the company and their employees.
ØOne-off events such as
marathons/awards/charitable contribution/advertisement/sponsorship of TV
programmesetc.
Ø
Expenses incurred by companies for the
fulfillment of any other act/statute or regulation.
Ø
Contribution of any directly or indirectly to
any political parties.
Ø
Activities undertaken by the company in
pursuance of its normal course of business.
Ø
The projects or programmes or activities
undertaken outside india.
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