Fwd: [RRA Network] CSR Rule change- Can only Section 8 Companies implement CSR Projects? Please send your feedback

[Ashok Kumar]

---------- Forwarded message ---------
From: Ajay Etikala <ajaya...@gmail.com>
Date: Wed, 18 Mar 2020, 5:56 pm
Subject: [RRA Network] CSR Rule change- Can only Section 8 Companies implement CSR Projects? Please send your feedback
To:
Cc: Assoc Public Trusts <publictrust...@gmail.com>

As per Draft CSR rules 2020, Societies and Trusts would not be allowed to implement CSR projects?? Only section 8 and Govt entities can do so. 

Please do share your feedback on the Govt website 

http://feedapp.mca.gov.in/csr/

What I can see the difference is before and after- Please do correct me if I am wrong or If I miss-read something or tell me that- it's not true. 

(attaching below both documents for your reference) 

In 2014- 

1 Sub-rule 

(2) substituted by the Companies (Corporate Social Responsibility Policy) Amendment Rules, 2016 vide Notification No. G.S.R. 540(E) dated 23.05.2016 w.e.f 23-05-2016. Prior to substitution it read as: “(2) The Board of a company may decide to undertake its CSR activities approved by the CSR Committee, through a registered trust or a registered society or a company established under section 8 of the Act by the company, either singly or alongwith its holding or subsidiary or associate company, or alongwith any other company or holding or subsidiary or associate company of such other company, or otherwise:

The New Draft says this

4. In the said Rules, for rule 4, the following rules shall be substituted, namely:- “CSR Implementation - 

(1) The Board shall ensure that the CSR activities are undertaken by the company itself or through: 

(a) a company established under section 8 of the Act, or 

(b) any entity established under an Act of Parliament or a State legislature. Provided that such company/entity, covered under clause (a) or (b), shall register itself with the central government for undertaking any CSR activity by filing the e-form CSR-1 with the Registrar along with prescribed fee

Government of India
Ministry of Corporate Affairs

Invitation for Public Comments on the Companies (Corporate Social Responsibility Policy) Amendment Rules, 2020.

Corporate Social Responsibility (CSR) for companies has been mandated through Companies Act, 2013 which came into effect since 01.04.2014. Section 135 of the Act enumerates the provisions concerning CSR and the Companies (Corporate Social Responsibility Policy) Rules, 2014 prescribes the rules for implementation. All these were notified on 27th February, 2014 and came into effect since 01.04.2014. The Companies (Amendment) Act, 2019 amended section 135 dealing with Corporate Social Responsibility. The Companies (Amendment) Act, 2019 received President's assent and was published in Official Gazette on 31st July, 2019.

2. In order to operationalize the Companies (Amendment) Act, 2019, the Companies (Corporate Social Responsibility Policy) Amendment Rules , 2020 has been drafted for carrying out amendments in the Companies (CSR Policy) Rules, 2014.

3. Public comments are therefore hereby solicited on the draft Companies (Corporate Social Responsibility Policy) Amendment Rules, 2020. The draft Companies (Corporate Social Responsibility Policy) Amendment Rules, 2020 may be accessed at the web link mentioned below and comments, if any, may be submitted online therein by end of business hours on 28th March, 2020 positively.

http://feedapp.mca.gov.in/csr/

4. Stakeholder may please note that comments should not be sent separately through e-mail or hard copy and should be sent only through the web link created for the purpose.

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Best Regards

Ajay Etikala

Organic Ubuntu

Website | Facebook 

In Gratitude for the Courage and the Resilience with which each of us shows up to life, Every day! 

I dont have much to say or to offer to you, but can only say that if you ever in life, feel the need of a safe non-judgemental sharing space, 

If sharing to a distant stranger/friend may help in any way. Please do not hesitate to reach out.

I can at-least assure you that I will try my level best to be non-judgemental listener (working on it to my level best to remove my inherent biases) and provide the space needed. 

Would really love to hear your thoughts/stories :) and share mine too :) See you soon one day :)   

Take care :) 

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