Google for ‘news’ on CSR and you’ll find almost all dailies
writing something or the other around what is happening and what may be done
and what all may happen. While some news articles are focusing on pros and cons
of the bill (awaiting the President’s nod to become law), with opinions from
industry leaders, some others are talking about opportunities in terms of jobs
in the development sector. You will also find how a dozen limited companies and
non-profit foundations have already introduced CSR awards, some of which have
sponsors’ list quite similar to that of Filmfare
or Stardust. Not to mention the
number of seminars, workshops, conferences and forums on CSR.

Corporate social responsibility (CSR) has started to sound like
the new cool. The social sector does
not meet khadi kurta and desi jhola anymore. A young creed of social
entrepreneurs can now be seen pitching around CSR departments of corporate
groups with ideas that they believe can bring about the change while fulfilling
the company’s CSR obligation. This was expected. Any business-oriented yet
socially thinking mind with common sense will want a share of the Rs 15,000
crore pie – the expected size of this new responsibility
sector – this being a rough estimate if all companies in the ambit spend two
per cent of their net profits towards CSR (as per Section 135 in the new
Companies Bill).

Whether or not they deserve a part of the pie is another question
altogether. Before moving on to that (Decoding CSR Bill – Part 3), let’s have some
clarity on Section 135 – what it says, what it means and what companies are
actually expected to do.

falls in its ambit?

company having net worth of five hundred crore rupees or more, or turnover of
one thousand crore rupees or more, or net profit of five crore rupees or more during
any financial year shall constitute a CSR committee of the board consisting of
three or more directors, out of which at least one director shall be an independent


Form CSR committee – it is a must

Now that you fall in the bill’s ambit, the first thing to do is to
create a CSR committee. The bill says that the company’s board’s report, under Sub-Section
(3) of Section 134, shall disclose the composition of the CSR committee.

This means that the names, designations and responsibilities of
the members of the committee have to be a part of the annual CSR report. Yes, this also means that the company shall
bring out an annual CSR report.

2: Assign responsibilities to the committee

As per the bill, the CSR committee shall:

(a) Formulate and recommend to
the board a CSR policy that shall indicate the activities to be undertaken by
the company as specified in Schedule VII. [What’s
schedule VII? It is basically a list of issues around which your CSR activity
should be conceptualized. Read about it in detail with examples of doable and impactful
CSR programmes in Part 3 of this series.

(b) Recommend the amount of
expenditure to be incurred on the activities.

(c) Monitor the CSR policy of the
company from time to time.

of the company’s board

CSR shall be sharing the berth with finance, marketing and brand
positioning decisions of the company. While the programmes and their impact
analysis may be done by the CSR committee along with outside partners (including
consultants or voluntary organizations), the review, the scrutiny and the
approvals are to be done by the board of the directors. The board has to closely
monitor and evaluate the ‘impact’ of each penny of the organization that is
going towards the development of the grassroots.

Here, the return on investment (RoI) for the company will not be
seen in a rise in revenue but in terms of change on the ground – this will inevitably
impact the way the company will be looked at from the outside.

(a) After taking into account the
recommendations made by the CSR committee, the board shall approve the CSR policy
for the company and disclose the contents of the policy in the CSR report, and
also place it on the company’s website in such manner as may be prescribed.

(b) The board shall ensure that
the activities included in the CSR policy are undertaken by the company.

(c) The board shall ensure that the company
spends, in every financial year, at least two per cent of the average net
profits of the company made during the three immediately preceding financial
years, in pursuance of its CSR policy.

It should be noted here that
while defining the responsibilities of the board (Point ‘c’ above), the bill
says that the company shall give preference to the local area and areas around
it where it operates, for spending the amount earmarked for CSR. Also, these
programmes shall preferably be implemented in association with non-government
organizations, voluntary organizations, social societies, members of the civil
society and social entrepreneurs.

Here, the bill also says that if the company fails to spend such
amount (two per cent of the said amount), the board shall in its report specify
the adequate reasons for not spending the amount.

CauseBecause has developed a CSR Kit that brings together the process of ideating, implementing and reporting CSR on automation. The Kit is at implementation stage at various corporate groups as well as at a few small and medium enterprises (SMEs) in manufacturing, entertainment and services sectors.

Interestingly, the Kit does not cost companies anything – rather, it channelizes funds from public relations (PR) and branding departments towards CSR without compromising on the value of either.


Decoding the CSR clause in Companies Bill 2012 – Part

Decoding the CSR clause in Companies Bill 2012 – Part 3