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CSR Provision of the
Companies Act
04/25/14 1
Webinar for NGOs
Conducted by: Soumitra Ghosh
(Founder CEO, CSO Partners)
Applicability
CSR policy and reporting
Program sectors
Scope for NGO partnership
Financial allocation
Applicability
•It will also apply to foreign companies registered in India
•Net profit will not include dividend income received from another Indian
company following the provisions of the companies law or from profits of
its own overseas branches
CSR Committee consisting of three
or more directors, out of which at
least one director shall be an
independent director
Unlisted public company or
private company can have a
committee without such an
independent director
A private company having
only two directors on its
boards shall constitute its
committee with two such
directors
For foreign company, committee should have at least two persons
One: 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
Other: nominated by the foreign company
CSR governance : CSR Committee
Role of CSR Committee and the
board
• Formulate and recommend a
CSR policy
• Recommend activities and
amount of expenditure to be
incurred
• Monitor the policy from time
to time
Constitute a CSR committee
Approve a CSR policy (indicating
the list of activities along with the
expenditure) & publish the same
in its report and on the website
Spend at least 2% of average net
profit during the three
immediately preceding financial
years. If not, specify the reasons
for not spending the amount
Ensure that the activities as are
included in CSR policy of the
company are undertaken by the
company
CSR CommitteeCSR Committee
BoardBoard
Applicability
CSR policy and reporting
Program sectors
Scope for NGO partnership
Financial allocation
CSR policy
Targeting
Disclosure
•Display CSR activities on the website
•Annual report on CSR
Disclosure
Reporting on CSR spend
CSR
project/activity
identified
Sector in
which the
project is
covered
Projects/
program
1) Local area
or other
2) State and
district of
the
project/progr
am
Project/
Program
wise
budget
(Amount
outlay)
Amount spent
on the
projects/progr
ams
Sub heads
1)Direct
expense
2) Overheads
Cumulative
expenditure
up to the
reporting
period
Amount
spent
direct or
through
impleme
ntation
agencies
Applicability
CSR policy and reporting
Program sectors
Scope for NGO partnership
Financial allocation
Schedule VII
MCA has informed High Court that Schedule VII to include promoting healthcare including preventive healthcare. This would encompass the
entire health care area, including the treatment of diseases, etc,
Schedule VII
Schedule VII
Applicability
CSR policy and reporting
Program sectors
Scope for NGO partnership
Financial allocation
Scope of partnership
Implementation
Applicability
CSR policy and reporting
Program sectors
Scope for NGO partnership
Financial allocation
Budget allocation
Companies act will lead to a huge
investment on CSR initiatives
Of the 9000 eligible companies…..
39% of the projected
investment is anticipated
to be contributed by top
200 companies (Rs.58740
million)
Companies Investment (Million Rs.)
200 58,740
8800 1,21,260
Source: Emerging Philanthropy in India
For further clarifications and guidance
please contact:
soumitra.ghosh@csopartners.org.in

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CSR Mandate of Companies

  • 1. CSR Provision of the Companies Act 04/25/14 1 Webinar for NGOs Conducted by: Soumitra Ghosh (Founder CEO, CSO Partners)
  • 2. Applicability CSR policy and reporting Program sectors Scope for NGO partnership Financial allocation
  • 3. Applicability •It will also apply to foreign companies registered in India •Net profit will not include dividend income received from another Indian company following the provisions of the companies law or from profits of its own overseas branches
  • 4. CSR Committee consisting of three or more directors, out of which at least one director shall be an independent director Unlisted public company or private company can have a committee without such an independent director A private company having only two directors on its boards shall constitute its committee with two such directors For foreign company, committee should have at least two persons One: 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 Other: nominated by the foreign company CSR governance : CSR Committee
  • 5. Role of CSR Committee and the board • Formulate and recommend a CSR policy • Recommend activities and amount of expenditure to be incurred • Monitor the policy from time to time Constitute a CSR committee Approve a CSR policy (indicating the list of activities along with the expenditure) & publish the same in its report and on the website Spend at least 2% of average net profit during the three immediately preceding financial years. If not, specify the reasons for not spending the amount Ensure that the activities as are included in CSR policy of the company are undertaken by the company CSR CommitteeCSR Committee BoardBoard
  • 6. Applicability CSR policy and reporting Program sectors Scope for NGO partnership Financial allocation
  • 9. Disclosure •Display CSR activities on the website •Annual report on CSR
  • 11. Reporting on CSR spend CSR project/activity identified Sector in which the project is covered Projects/ program 1) Local area or other 2) State and district of the project/progr am Project/ Program wise budget (Amount outlay) Amount spent on the projects/progr ams Sub heads 1)Direct expense 2) Overheads Cumulative expenditure up to the reporting period Amount spent direct or through impleme ntation agencies
  • 12. Applicability CSR policy and reporting Program sectors Scope for NGO partnership Financial allocation
  • 13. Schedule VII MCA has informed High Court that Schedule VII to include promoting healthcare including preventive healthcare. This would encompass the entire health care area, including the treatment of diseases, etc,
  • 16. Applicability CSR policy and reporting Program sectors Scope for NGO partnership Financial allocation
  • 19. Applicability CSR policy and reporting Program sectors Scope for NGO partnership Financial allocation
  • 21. Companies act will lead to a huge investment on CSR initiatives
  • 22. Of the 9000 eligible companies….. 39% of the projected investment is anticipated to be contributed by top 200 companies (Rs.58740 million) Companies Investment (Million Rs.) 200 58,740 8800 1,21,260 Source: Emerging Philanthropy in India
  • 23. For further clarifications and guidance please contact: soumitra.ghosh@csopartners.org.in

Notas do Editor

  1. Subsection 4 of clause 149 Every listed public company shall have at least one-third of the total number of directors as independent directors and the Central Government may prescribe the minimum number of independent directors in case of any class or classes of public companies.   Clause d of subsection 1 of 380 clause the name and address or the names and addresses of one or more persons resident in India authorised to accept on behalf of the company service of process and any notices or other documents required to be served on the company;