Saturday, May 9, 2020

Whether Amount for COVID-19 falls under Corporate Social Responsibility (CSR) spending

Corporate Social Responsibility
Corporate Social Responsibility (CSR) is a concept in which corporates take responsibility to serve humanity, community, society with a view to do charity on their own volition and with ethically-oriented practices.
The concept of CSR was first introduced in section 135 of Companies Act, 2013 and Companies (Corporate Social Responsibility Policy) Rules, 2014.

Who is Liable to comply with CSR provision?

CSR provisions of Companies Act is applicable on Companies whose


          Net Worth >= Rs. 500 Crores  or                        
          Turnover >= Rs. 100 Crores    or             
          Net Profit >= Rs. 5 Crores               
         during immediately preceding financial year

Composition of CSR Committee
These companies are required to constitute Corporate Social Responsibility (CSR) Committee with 3 or more directors. One of them should be Independent Director.

What need to be done
Responsibilities of CSR Committee
a)    Formulation and recommendation of CSR policy to Board
b)    CSR Policy shall indicate activities to be undertaken by the company
c)    Recommendation of the amount of expenditure to be incurred on activities undertaken by the company for CSR activity and
d)    Monitor CSR policy of the company from time to time
Responsibility of the Board of Directors of Company
a)    Approval of recommendation of CSR Committee and disclosure of contents of CSR policy in its report as well as company’s website
b)    Board shall ensure that the CSR activities shall be undertaken by the company.

Composition of CSR Committee is to be disclosed in the Board’s Report.

Amount to be Spent on CSR Activities
       a)    At least, two percent (2%) of average net profits of the company is required to be spent on CSR activities. Average net profit shall be calculated on the basis of net profit earned during three immediately preceding financial years.
      b)    Where less than 2% is spent, the board shall give reason in Board’s report for not spending the amount earmarked for CSR activities.
For spending of CSR amount, preference should be given to local areas and surrounding areas where it operates.


Type of Activities covered for Corporate Social Responsibility (CSR) 
Schedule VII specifies activities which may be included by companies in their Corporate Social Responsibility Policies Activities relating to:—
(i) Eradicating hunger, poverty and malnutrition, promoting health care including preventinve health care and sanitation including contribution to the Swach Bharat Kosh set-up by the Central Government for the promotion of sanitation and making available safe drinking water. 
(ii) promoting education, including special education and employment enhancing vocation skills especially among children, women, elderly and the differently abled and livelihood enhancement projects.
(iii) promoting gender equality, empowering women, setting up homes and hostels for women and orphans; setting up old age homes, day care centres and such other facilities for senior citizens and measures for reducing inequalities faced by socially and economically backward groups.
(iv) ensuring environmental sustainability, ecological balance, protection of flora and fauna, animal welfare, agroforestry, conservation of natural resources and maintaining quality of soil, air and water including contribution to the Clean Ganga Fund set-up by the Central Government for rejuvenation of river Ganga.
(v) protection of national heritage, art and culture including restoration of buildings and sites of historical importance and works of art; setting up public libraries; promotion and development of traditional art and handicrafts; 
(vi) measures for the benefit of armed forces veterans, war widows and their dependents;
(vii) training to promote rural sports, nationally recognised sports, paralympic sports and olympic sports
(viii) contribution to the prime minister's national relief fund or any other fund set up by the central govt. for socio economic development and relief and welfare of the schedule caste, tribes, other backward classes, minorities and women;
(ix) Contribution to incubators funded by Central Government or State Government or any agency or Public Sector Undertaking of Central Government or State Government, and contributions to public funded Universities, Indian Institute of Technology (IITs), National Laboratories and Autonomous Bodies (established under the auspices of Indian Council of Agricultural Research (ICAR), Indian Council of Medical Research (ICMR), Council of Scientific and Industrial Research (CSIR), Department of Atomic Energy (DAE), Defence Research and Development Organisation (DRDO), Department of Biotechnology (DBT), Department of Science and Technology (DST), Ministry of Electronics and Information Technology) engaged in conducting research in science, technology, engineering and medicine aimed at promoting Sustainable Development Goals (SDGs).
(x) rural development projects
(xi) slum area development
(xii) disaster management, including relief, rehabilitation and reconstruction activities.


Whether amount spent for Covid-19 falls under CSR activity spending

As per clarification issued by Ministry of Corporate Affairs dated 23.03.2020 vide General Circular No. 10/2020, spending of CSR funds for Covid-19 is eligible CSR activity. This decision is taken in view of spread of novel corona virus in India, its declaration as pandemic by WHO, and Govt of India’s decision to treat this as notified disaster.


DISCLAIMER
The material and information contained in this blog are for general information purpose only.  Though we have made every efforts to make our interpretation correctly, we do not make representation either express or implied about the completeness or correctness of the subject matter.  Under no circumstances the author is not responsible / liable for any loss or damage caused to anyone due to any mistake / error / omissions.






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