WHAT CONSTITUTES CSR UNDER COMPANIES ACT, 2013?

Recently notified Companies (Corporate Social Responsibility Policy) Rules, 2014 has defined the
term "Corporate Social Responsibility (CSR)" as follows: "Corporate Social Responsibility (CSR)"
means and includes but is not limited to :

i. Projects or programs relating to activities specified in Schedule VII to the Act; or

ii. Projects or programs relating to activities undertaken by the board of directors of a company
(Board) in pursuance of recommendations of the CSR Committee of the Board as per declared CSR
Policy of the company subject to the condition that such policy will cover subjects enumerated in
Schedule VII of the Act.

Meaning thereby, conducting all those activities which are either specified under Schedule VII to the
Companies Act, 2013 or those which are recommended by the CSR Committee of the Board as per
the CSR Policy and are undertaken by the Board of directors of the Company will be covered under
the scope of activities of Corporate Social Responsibility.

ACTIVITIES COVERED UNDER SCHEDULE VII OF THE COMPANIES ACT 2013

Ministry of Corporate Affairs vide its Notification dated 27th February, 2014 (which shall come into
force with effect from 1st April, 2014) has come up with the modified Schedule VII which covers
wide range of activities which can be undertaken by the Companies as a part of their CSR initiatives.

The activities involve the following:

Eradicating hunger, poverty and malnutrition, promoting preventive health care and sanitation and
making available safe drinking water;

Promoting education, including special education and employment enhancing vocation skills
especially among children, women, elderly, and the differently abled and livelihood enhancement
projects;

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;

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;
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 arts and handicrafts;

Measures for the benefit of armed forces veterans, war widows and their dependents;

Training to promote rural sports, nationally recognized sports, paralympic sports and Olympic sports;

Contribution to the Prime Ministers' National Relief Fund or any other fund set up by the Central
Government for socio-economic development and relief and welfare of the Scheduled Castes, the
Scheduled Tribes, other backward classes, minorities and women;

Contributions or funds provided to technology incubators located within academic institution which
are approved by the Central Government;

Rural development projects.

The above mentioned activities constitute the CSR activities and the companies which are covered
under the provisions of Section 135 shall be required to carry out any one or more of the activities as
specified above along with following its CSR Policy.

FOR WHOM APPLICABLE?

The companies on whom the provisions of the CSR shall be applicable are contained in Sub Section 1
of Section 135 of the Companies Act, 2013. As per the said section, the companies having Networth
of INR 500 crore or more; or Turnover of INR 1000 crore or more; or Net Profit of INR 5 crore or
more during any financial year shall be required to constitute a Corporate Social Responsibility
Committee of the Board "hereinafter CSR Committee" with effect from 1st April, 2014.

The above provision requires every company having such prescribed Networth or Turnover or Net
Profit or more shall be covered within the ambit of CSR provisions. The section has used the word
"companies" which connotes a wider meaning and shall include the foreign companies having
branch or project offices in India.