Corporate Social Responsibility

(1)

Every company including its holding or subsidiary, and a foreign company defined under clause (42) of section 2 of the Act having its branch office or project office in India, which fulfills the criteria specified in sub-section (1) of section 135 of the Act shall comply with the provisions of section 135 of the Act and these rules:

Proviso

Provided that net worth, turnover or net profit of a foreign company of the Act shall be computed in accordance with balance sheet and profit and loss account of such company prepared in accordance with the provisions of clause (a) of sub-section (1) of section 381 and section 198 of the Act.

Proviso

Provided further that a company having any amount in its Unspent Corporate Social Responsibility Account as per sub-section (6) of section 135 shall constitute a CSR Committee and comply with the provisions contained in sub-sections (2) to (6) of the said section.

(2)

Every company which ceases to be a company covered under sub-section (1) of section 135 of the Act for three consecutive financial years shall not be required to –

(a)

constitute a CSR Committee; and

(b)

comply with the provisions contained in sub-section (2) to (6) sub-section (2) to (5) of the said section, till such time it meets the criteria specified in sub-section (1) of section 135. “]

Proviso

Provided Inserted vide MCA Notification dated 20.09.2022 regarding Companies (Corporate Social Responsibility Policy) Amendment Rules, 2022. To view the Notification, Click here.

(2)

Omitted vide MCA Notification dated 20.09.2022 regarding Companies (Corporate Social Responsibility Policy) Amendment Rules, 2022. To view the Notification, Click here.

Notes, amendments & references (1)

Substituted vide Companies (Corporate Social Responsibility Policy) Amendment Rules, 2021 dated 22.01.2021. To view the Notification, Click Here