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Corporate Social
Responsibility(CSR)
( SEC-135
of
Companies Act, 2013)
CSR
Corporate Social
Responsibility (CSR) refers
to a business practice that
involves participating in
initiative that gives benefits
to the society..
The concept of CSR rests on the ideology
of businesses giving back to society as
they grow and benefit.
 Companies take resources in the form of
raw materials, human resources etc. from
the society. By performing the task of
CSR activities, the companies are giving
something back to the society.
As commonly
misunderstood, the CSR is
not charity or mere
donations.
CSR is a way of conducting
business, by which
corporate entities visibly
contribute to the social
good.
The Term CSR was Coined first In 1953 by American Economist Howard
Bowen in his Publication named “Social Responsibilities of the Businessman”
 He is often referred as the Father of CSR.
Highlights of CSR- Companies Act, 2013
Companies
Act,2013
On 29th August
2013, The Companies
Act 2013 replaced the
Companies Act of
1956.
Sec-135
The New Act has introduced
far-reaching changes that
affect company formation,
administration, and
governance, and incorporates
an additional section i.e.
Section 135.
In India, the Ministry of
Corporate Affairs,
Government of India
notified the Section 135 of
the Companies Act, 2013
along with Companies
(Corporate Social
Responsibility Policy)
Rules, 2014.
The mandatory CSR
provisions were
made effective from
1st April, 2014 for
companies with a
certain profit, turn-
over or valuation.
2013
2014
2014
2013
Applicable to CSR in India
Every
Company in India
•Its Holding Company
•Its Subsidiary Company
Foreign Company
Rs. 500 Crores
or
more
Rs. 1000 Crores
or
more
Rs. 5 Crores
or more
Its Net
worth
Its
Turnover
The provisions of CSR applies to:
Its
Net profit
CSR spend amounting to 2 % of their average annual profit over last three years.
The companies having the following in the preceding financial year:
Importance of CSR
• CSR improves the public image by publicizing the efforts towards a better society and increasing
their chance of becoming favourable in the eyes of consumers.
• CSR increases media coverage as media visibility throws a positive light on the organisation.
• CSR enhances the company’s brand value by building a socially strong relationship with
customers.
• CSR helps companies to stand out from the competition when companies are involved in any
kind of community.
Below reasons reflect why CSR is important:
CSR Committee Applicability
The CSR Committee should consist of 3 or more directors,
out of which at least 1 director must be an independent
director.
An unlisted public company or a private company shall
have its CSR Committee without any independent director
if an independent director is not required.
In the case of a foreign company, the CSR Committee shall comprise
of at least 2 persons of which one person shall be a person resident in
India authorized to accept on behalf of the foreign company – the
services of notices and other documents. Also, the other person shall
be nominated by the foreign company.
A private company having only two directors on its
Board shall constitute its CSR Committee with two
directors.
A company having any amount in its Unspent Corporate
Social Responsibility Account shall constitute a CSR
Committee and comply with the CSR provisions.
Every company to which CSR criteria are applicable shall constitute a Corporate Social
Responsibility (CSR) Committee.
List of Permitted CSR Activities
as per
Schedule-VII of Companies Act, 2013
Non- Permitted CSR Activities (Rule 2(d) of Companies
(Corporate Social Responsibility Policy) Rules, 2014)
Any activity undertaken by
the company outside India
except for training of Indian
sports personnel representing
any State or Union territory
at national level or India at
international level
Contribution of any
amount directly or
indirectly to any
political party
under section 182 of
the Act
Activities benefitting
employees of the
company as defined
in clause (k)
of section 2 of the
Code on Wages, 2019
(29 of 2019)
Activities are
undertaken in
pursuance of the
normal course of
business of the
company.
Activities supported by the
companies on sponsorship
basis for deriving
marketing benefits for its
products or services
Activities carried out for
fulfillment of any other
statutory obligations under
any law in force in India
Fines and Penalties for Non-Compliance
•In case a company fails to comply with the provisions relating to
CSR spending, transferring and utilising the unspent amount, the
company will be punishable with a minimum fine of Rs 50,000 which
may increase to Rs 25 lakhs.
Further, every officer of such company who defaults in the compliance will be
liable for a punishment which is imprisonment for a term which may extend to
three years or with a minimum fine of Rs 50,000 which may increase to Rs 5 lakh,
or with both.
THANK YOU

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CSR -Corporate Social Resposibility- Companies Act 2013-SJCTNC.pptx

  • 2. CSR Corporate Social Responsibility (CSR) refers to a business practice that involves participating in initiative that gives benefits to the society.. The concept of CSR rests on the ideology of businesses giving back to society as they grow and benefit.  Companies take resources in the form of raw materials, human resources etc. from the society. By performing the task of CSR activities, the companies are giving something back to the society. As commonly misunderstood, the CSR is not charity or mere donations. CSR is a way of conducting business, by which corporate entities visibly contribute to the social good. The Term CSR was Coined first In 1953 by American Economist Howard Bowen in his Publication named “Social Responsibilities of the Businessman”  He is often referred as the Father of CSR.
  • 3. Highlights of CSR- Companies Act, 2013 Companies Act,2013 On 29th August 2013, The Companies Act 2013 replaced the Companies Act of 1956. Sec-135 The New Act has introduced far-reaching changes that affect company formation, administration, and governance, and incorporates an additional section i.e. Section 135. In India, the Ministry of Corporate Affairs, Government of India notified the Section 135 of the Companies Act, 2013 along with Companies (Corporate Social Responsibility Policy) Rules, 2014. The mandatory CSR provisions were made effective from 1st April, 2014 for companies with a certain profit, turn- over or valuation. 2013 2014 2014 2013
  • 4. Applicable to CSR in India Every Company in India •Its Holding Company •Its Subsidiary Company Foreign Company Rs. 500 Crores or more Rs. 1000 Crores or more Rs. 5 Crores or more Its Net worth Its Turnover The provisions of CSR applies to: Its Net profit CSR spend amounting to 2 % of their average annual profit over last three years. The companies having the following in the preceding financial year:
  • 5. Importance of CSR • CSR improves the public image by publicizing the efforts towards a better society and increasing their chance of becoming favourable in the eyes of consumers. • CSR increases media coverage as media visibility throws a positive light on the organisation. • CSR enhances the company’s brand value by building a socially strong relationship with customers. • CSR helps companies to stand out from the competition when companies are involved in any kind of community. Below reasons reflect why CSR is important:
  • 6. CSR Committee Applicability The CSR Committee should consist of 3 or more directors, out of which at least 1 director must be an independent director. An unlisted public company or a private company shall have its CSR Committee without any independent director if an independent director is not required. In the case of a foreign company, the CSR Committee shall comprise of at least 2 persons of which one person shall be a person resident in India authorized to accept on behalf of the foreign company – the services of notices and other documents. Also, the other person shall be nominated by the foreign company. A private company having only two directors on its Board shall constitute its CSR Committee with two directors. A company having any amount in its Unspent Corporate Social Responsibility Account shall constitute a CSR Committee and comply with the CSR provisions. Every company to which CSR criteria are applicable shall constitute a Corporate Social Responsibility (CSR) Committee.
  • 7. List of Permitted CSR Activities as per Schedule-VII of Companies Act, 2013
  • 8. Non- Permitted CSR Activities (Rule 2(d) of Companies (Corporate Social Responsibility Policy) Rules, 2014) Any activity undertaken by the company outside India except for training of Indian sports personnel representing any State or Union territory at national level or India at international level Contribution of any amount directly or indirectly to any political party under section 182 of the Act Activities benefitting employees of the company as defined in clause (k) of section 2 of the Code on Wages, 2019 (29 of 2019) Activities are undertaken in pursuance of the normal course of business of the company. Activities supported by the companies on sponsorship basis for deriving marketing benefits for its products or services Activities carried out for fulfillment of any other statutory obligations under any law in force in India
  • 9. Fines and Penalties for Non-Compliance •In case a company fails to comply with the provisions relating to CSR spending, transferring and utilising the unspent amount, the company will be punishable with a minimum fine of Rs 50,000 which may increase to Rs 25 lakhs. Further, every officer of such company who defaults in the compliance will be liable for a punishment which is imprisonment for a term which may extend to three years or with a minimum fine of Rs 50,000 which may increase to Rs 5 lakh, or with both.