ABC Limited is one of the largest engineering, procurement and construction (EPC) company. It is a New Delhi headquartered company with over ten thousand employees and has site offices in all major cities in North India.

CS Professional · CSR and Social Governance · PYQS · June 2024
ABC Limited is one of the largest engineering, procurement and construction (EPC) company. It is a New Delhi headquartered company with over ten thousand employees and has site offices in all major cities in North India. Company has a highly motivated management team and professionally qualified board. Philosophy and vision of the company is : To promote and expand new functional areas in infrastructure sector; To adopt sustainable manufacturing practices in all its operations; To engage with all stakeholders including society at large; and To operate in an economically, socially and environmentally sustainable manner, while recognizing the interest all of its stakeholders. ABC Limited imbibes on the philosophy of 'Sarva loka hitam'-meaning working for the well-being of all its stakeholders. The company also follows the principle of Utilitarianism: i.e., 'greatest good for the greatest number of people'. Through its operations, it is also striving for adoption of the green sustainability principles, so as to protect the environment. According to Section 135 of the Companies Act, 2013, it is mandatory for prescribed class of companies to contribute at least two percent of the average net profits of the company during the three immediately preceding financial years. To pursue its Corporate Social Responsibility Policy, Corporate Social Responsibility Committee has been constituted by the Board of Directors of the Company. The Company has decided to carry out the following CSR activities, namely: Construction of old age homes for senior citizens; Setting up homes and hostels for women employees; Running Guashala in its factory premises/project sites; Running full day kitchens (Bhandara) for food to poor people residing near the factory premises; Organizing free sugar and eye check-up camps; Contribution to the Swach Bharat Kosh setup by the Central Government for the promotion of sanitation and making available safe drinking water; Sponsoring the investor education programmes for the employees of its clients; Sponsoring the training programmes to promote rural sports; Contribution to the Prime Minister's National Relief Fund; Contributing for construction of roads particularly in rural area; Construction of toilets in schools; and Construction of Yoga centres for local community. Company is incurring more than ₹10 crore since last few years on such social welfare and philanthropic programmes. However, company's statutory auditors have raised issues of non-compliance pertaining to CSR policy, CSR Committee composition and CSR expenditure. You, as a practicing Company Secretary, have been invited as an Advisor and have been asked to answer the following questions : Which of the above activities are not eligible for CSR expenditures? Apart from the above activities, mention any three more activities which are not eligible for CSR expenditures.

Answer & Explanation:

Corporate Social Responsibility is defined under Rule 2(d) of the Companies (Corporate Social Responsibility Policy) Rules 2014. As per the said rule, the following activities, benefitting to the employees of the company, given in the question are not eligible for CSR expenditure: Setting up homes and hostels for women employees. While the said provision excludes only employees of the company, the employees of the "client" should also be excluded. Hence, the following activity is also not eligible for CSR expenditure: Sponsoring the investor education programmes for the employees of its clients. Following activities are also not considered as CSR activities: activities undertaken in pursuance of normal course of business of the company: Provided that any company engaged in research and development activity of new vaccine, drugs and medical devices in their normal course of business may undertake research and development activity of new vaccine, drugs and medical devices related to COVID-19 for financial years 2020-21, 2021-22, 2022-23 subject to the conditions that such research and development activities shall be carried out in collaboration with any of the institutes or organisations mentioned in item (ix) of Schedule VII to the Act; any activity undertaken by the company outside India except for training of Indian sports personnel representing any State or Union territory at national level or India at international level; contribution of any amount directly or indirectly to any political party under section 182 of the Act; activities supported by the companies on sponsorship basis for deriving marketing benefits for its products or services; activities carried out for fulfilment of any other statutory obligations under any law in force in India.

Topics: Corporate Social Responsibility (CSR)

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