The idea of CSR, ie, businesses bearing the responsibility to society and a broader set of stakeholders, is rooted in the period when business activity and industries started their journey of growth.
(1930s-50s)
Idea of trusteeship promoted by Mahatma Gandhi, where companies were seen as a trust held in the interest of community.
(1950s-70s)
Post-independence era saw increased role of state in deciding and shaping corporate responsibilities.
(1970s-90s)
Promoted by Milton Friedman, who stated that companies are solely responsible to their owners and should focus on economic bottom line.
(1990s-present)
Triple-bottom line approach highlights that with increasing economic growth and rights, companies also have societal obligations
12000
9000 plus
125
Section 135 states the provisions for CSR, which are applicable for companies with:
• Net worth of INR 5,000 crore or above
• Turnover of INR 1,000 crore or above
• Net profit of INR 5 crore or above
Key Highlights:
• CSR activities have to be in India
• CSR policy to be displayed on company’s website and board report.
• If covered under Section 135 for CSR once, the company must comply for three years subsequently
KCSR activities to be carried out through a Section 8 company, trust or society:
• Established by company singly or along with other company
• Established by government or other statutory entity
• With experience of three years or more in similar projects
Key Highlights:
• Preceding financial year to be considered for eligibility under Section 135
• Net profit to be calculated in accordance with Section 198
• Two or more directors for CSR committees in case independent directors are not mandatory for a company
The Act prescribes a mandatory spend of 2% of average net profits on social responsibility for all companies meeting specified requirements. The CSR law came as a response to the need for a balance between sustainable business and social progress in India. The changing environment of policies to enable sustainable practices increased participation in CSR and socially inclusive practices. CSR has changed the role of doing business in the society, from simple encouragement of more social duties for business to the understanding of being socially responsible. With the CSR law mandate, companies have started spending and utilising the CSR opportunity to make a meaningful contribution to the development sector.
In the last five years, companies in India have shown gradual but progressive trends towards CSR compliance. The data of CSR spend in 2017-18 shows a 65% increase since 2014- 15, with an increasing number of companies utilising their earmarked CSR budget. Schedule VII of Section 135 of Companies Act 2013, initially defined 11 (amended in 2015) potential areas that can be considered by a company for expenditure in CSR. A separate CSR arm was constituted under the Ministry of Corporate Affairs (MCA) to oversee the engagements of corporates in CSR activities and to ensure transparency through annual public disclosures on the status of CSR within the country. The trends from the last four financial years highlight that education, health and rural development receive the highest CSR funding across regions.