This Ministry has received several references and representation from stakeholders seeking clarifications on the provisions under Section 135 of the Companies Act, 2013 (herein after referred as 'the Act') and the Companies (Corporate Social Responsibility Policy) Rules 2014, as well as activities to be undertaken as per Schedule VII of the Companies Act, 2013. Clarifications with respect to representations received in the Ministry on Corporate Social Responsibility (herein after referred as ('CSR') are as under:-
|S.No||Additional items requested to be included in Schedule VII or to be clarified as already being covered under Schedule VII of the Act||Whether covered under Schedule VII of the Act|
|1||1.Promotion of Road Safety through CSR:
Promotions of Education, "Educating the Masses and Promotion of Road Safety awareness in all facets of road usage
Training to enforcement personnel
Safety traffic engineering and awareness through print, audio and visual media" should be included.
2.Social Business Projects :
"giving medical and Legal aid, treatment to road accident victims" should be included.
| Schedule VII (ii) under "promoting education".
For drivers training etc. Schedule VII (ii) under "vocational skills".
It is establishment functions of Government (cannot be covered).
Schedule VII (ii) under "promoting education".
Schedule VII (i) under 'promoting health care including preventive health care'.
2. Schedule VII (i) under 'promoting health care including preventive health care'.
|2||Provisions for aids and appliances to the differently- able persons - 'Request for inclusion||Schedule VII (i) under 'promoting health care including preventive health care'.|
|3||The company contemplates of setting up ARTIIC (Applied Research Training and Innovation Centre) at Nasik. Centre will cover the following aspects as CSR initiatives for the benefit of the predominately rural farming community:
(a) Capacity building for farmers covering best sustainable farm management practices.
(b) Training Agriculture Labour on skill development.
(c)Doing our own research on the field for individual crops to find out the most cost optimum and Agri-ecological sustainable farm practices. (Applied research) with a focus on water management.
(d) To do Product Life Cycle analysis from the soil conservation point of view.
|Item no. (ii) of Schedule VII under the head of "promoting education" and "vocational skills" and "rural development".
(a) "Vocational skill" livelihood enhancement projects.
(b) "Vocational skill".
(c) 'Ecological balance', 'maintaining quality of soil, air and water'.
(d) "Conservation of natural resource" and 'maintaining quality of soil, air and water'.
|4||To make "Consumer Protection Services" eligible under CSR. (Reference received by Dr. V.G. Patel, Chairman of Consumer Education and Research Centre).
Providing effective consumer grievance redressal mechanism.
Protecting consumer's health and safety, sustainable consumption, consumer service, support and complaint resolution
Consumer protection activities.
Consumer Rights to be mandated
all consumer protection programs and activities" on the same lines as Rural Development, Education etc.
|Consumer education and awareness can be covered under Schedule VII (ii) "promoting education".|
|5||a) Donations to IIM [A] for conservation of buildings and renovation of classrooms would qualify as "promoting education" and hence eligible for compliance of companies with Corporate Social Responsibility.
b) Donations to IIMA for conservation of buildings and renovation of classrooms would qualify as "protection of national heritage, art and culture, including restoration of buildings and sites of historical importance" and hence eligible for compliance of companies with CSR.
|Conservation and renovation of school buildings and classrooms relates to CSR activities under Schedule VII as "promoting education".|
|6||Non Academic Technopark TBI not located within an academic Institution but approved and supported by Department of Science and Technology.||Schedule VII (ii) under "promoting education", if approved by Department of Science and Technology.|
|7||Disaster Relief||Disaster relief can cover wide range of activities that can be appropriately shown under various items listed in Schedule VII.
(i) medical aid can be covered under 'promoting health care including preventive health care'.
(ii)food supply can be covered under eradicating hunger, poverty and malnutrition.
(iii)supply of clean water can be covered under 'sanitation and making available safe drinking water'.
|8||Trauma care around highways in case of road accidents||Under 'health care'.|
|9||Clarity on "rural development projects"||Any project meant for the development of rural India will be covered under this.|
|10||Supplementing of Govt. schemes like mid-day meal by corporates through additional nutrition would qualify under Schedule VII.||Yes. Under Schedule VII, item no. (i) under 'poverty and malnutrition'.|
|11||Research and Studies in the areas specified in Schedule VII.||Yes, under the respective areas of items defined in Schedule VII. Otherwise under 'promoting education'.|
|12||Capacity building of government officials and elected representatives-both in the area of PPPs and urban infrastructure.||No.|
|13||Sustainable urban development and urban public transport systems||Not covered.|
|14||Enabling access to, or improving the delivery of, public health systems be considered under the head "preventive healthcare" or "measures for reducing inequalities faced by socially & economically backward groups"?||Can be covered under both the heads of "healthcare" or "measures for reducing inequalities faced by socially & economically backward groups", depending on the context.|
|15||Likewise, could slum re-development or EWS housing be covered under "measures for reducing inequalities faced by socially & economically backward groups"?||Yes.|
|16||Renewable energy projects||Under 'Environmental sustainability, ecological balance and conservation of natural resources'.|
|17||(i) Are the initiatives mentioned in Schedule VII exhaustive?
(ii)In case a company wants to undertake initiatives for the beneficiaries mentioned in Schedule VII, but the activity is not included in Schedule VII, then will it count (as per 2(c)(ii) of the Final Rules, they will count)?
|(i) & (ii) Schedule VII is to be liberally interpreted so as to capture the essence of subjects enumerated in the schedule.|
|18||US-India Physicians Exchange Program-broadly speaking, this would be program that provides for the professional exchange of physicians between India and the United States.||No.|