Corporate philanthropy is not a
new concept. Thousands of large corporates all over the world have spent
millions of dollars on charity, without any government telling them. But there
are many companies who benefited a lot from the public infrastructure, yet didn't
spend a penny for the community around them.
This has prompted many governments to bring in legislation to make it mandatory
for companies to spend for charity.
Indian Government has passed its
Companies bill (which replaces the 56 year old Companies Act of 1956) in its
both houses with support from all political parties. This has paved the way for
systematic fund flow for social welfare activities. The following are the
salient features of the provisions related to the Corporate Social
Responsibility (CSR) Project, incorporated in the Companies Bill which is
pending Presidential assent.
Applicable for which
companies?
Every company having Net worth of 500 Cr or more or
Turnover of 1000 Cr or more or
Net
Profit of 5 Cr or more
during any Financial Year
Who will decide about
how much to spend, and to which project?
- The Company has to constitute a CSR committee with a minimum
of three directors, of which at least one should be an Independent Director.
- Committee should recommend the amount of expenditure to be incurred
- The Committee should monitor the CSR activities from time to
time
- The Board of the company shall approve the projects based on
the recommendations
- At least 2% of the average Net Profit of the company of the
last three years should be spent for CSR
- The companies shall give preference to the local area where
they operate
Which are the
areas/activities companies can spend?
Activities relating to
-
Eradicating extreme hunger and poverty
-
Promotion of Education
-
Promoting gender equality and empowering women
-
Reducing child mortality and improving maternal
mortality
-
Combating human immunodeficiency virus, AIDS, Malaria,
and other diseases
-
Ensuing environmental sustainability
-
Employment enhancing skills
-
Social business projects
-
Contributions to Prime Minister’s Relief Fund
and similar funds established by Central and State governments for welfare of
SC/ST/OBC/Minorities/Women
-
Such other matters as may be prescribed
What will happen if
the companies don’t spend?
The companies need to specify the reasons in detail, if they
couldn’t spend
Any other provisions
to promote charitable activities in the Companies Bill?
Companies Bill provide for
incorporation of companies solely for charitable purposes. If any company is
formed for charitable activities, then the government may issue licence to
allow that person/ Association of persons to be registered as a limited company
without the addition to its name the word ‘limited’ or ‘Private Limited’.
(Clause 8)
Under Clause 181, the Board of Directors may contribute to bonafide charitable or other funds
Under Clause 182, upto 7.5% of average on Net Profits of
last three years can be spent as contribution to political parties based on a resolution passed at a meeting of the Board of Directors.
All expenditure and the names of donees should be disclosed in the Profit
and Loss Account.
Board of Directors can also contribute to National Defence
Fund
What is the
punishment for non-compliance to the provisions?
Fine upto 5 times the amount and/or the Officer will be punished with
imprisonment which can extend upto 6 months and 5 times the amount as fine
Some suggestions for companies
Beware of
unscrupulous NGOs
There is a proliferation of NGOs
in the country. There are many multinational NGOs whose objectives are not purely
charitable. Many in the charity business exist for making profits, for enjoying
comforts and the accompanying flamboyant lifestyle. There are a few aimed at
destabilizing the country through overt and covert actions and subtle
criticisms against the government and governance claiming to be the champions
of poor persons, minorities, farmers and tribals. These NGOs are the happiest
ones on hearing about the mandatory provision of CSR. Most of these NGOS will
clamour for funds by demonstrating their political power and showcasing their
power point presentations and strategically chosen photographs of their activities
in the past.
Why not do the philanthropy directly?
Every company has managers and
employees who are socially committed and willing to utilize their spare time
for welfare activities. There will be more accountability if the company does
the charitable activities through them. This will create team work, leadership
skills, camaraderie, and loyalty among the employees. There will be a definite
improvement in the productivity of the company once the energy and time of the
employees and managers are channeled for such positive purpose. The companies
should appoint welfare officers with experience in organizing charitable
activities in reputed NGOs and in Government. Specific weightage may be given
in the annual appraisals to all employees who actively participate in CSR
activities
Let the auditors be proactive
Apart from critically analysing
the figures in a company, the auditors should be proactive in analysing the
nature of charitable activities undertaken by the company and the ultimate
results for the target population. They need to report the findings to the CSR
committee as well as the Board.
Some suggestions regarding the areas to focus
Start with a socio-economic survey
There is extreme hunger and
poverty among many communities irrespective of the fact that they belong to
privileged or under-privileged communities. In fact, there is substantial
number of very poor persons among many ‘upper’ castes also. Companies can
conduct socio-economic surveys in and around their location and identify the beneficiaries
scientifically. They can take the help of independent survey agencies, but the
surveys should be monitored by the company officials. There are several survey
companies who outsource this work to unqualified field agents.
Promotion of education
a. Infrastructural
support to government schools and colleges
b. Extend
the facilities for vocational training for students
c. Institute
scholarships for poor students who are meritorious
d. Identify
and sponsor the education of students
e. Collaborate
with leading institutes to give coaching in Information Technology
f.
Establish research centres, academic chairs, and
departments in colleges and universities
g. Sponsor
educational tours
h. Adopt
government schools and unaided private schools that cater to poor students
Promoting gender equality and empowering women
a. Establishing
and aiding women Self Help Groups
b. Establishing
credit societies for women
c. Sponsoring
meritorious women candidates for professional courses
d. Free
legal aid for women victims of offences
e. Organize
or arrange career oriented courses for women
Reducing child mortality and improving maternal health
a. Sponsor
the treatment of poor women admitted in govt hospitals for delivery
b. Sponsor
the expenses of babies born at govt hospitals
c. Establish
separate blocks to govt hospitals for poor women and children
Combating diseases
a. Organize
awareness programs in the community
b. Publish
information brochures for educating the public
c. Organize
vaccination programs
d. Organize
disease detection camps
e. Sponsor
the treatments of HIV patients
f.
Sponsor the families of people died due to AIDS
g. Produce
television programs and documentaries to spread public health
Ensuring environmental sustainability
a. Organize
eco-camps
b. Implement
schemes for cleaning the towns
c. Establish
permanent institutions for environmental protection
d. Organize
ecological awareness programs
e. Publish
magazines
Employment enhancing skills
a. Establish
vocational training institutes
b. Sponsor
career orientation programs in colleges
c. Organize
seminars by experts in institutions
d. Give
training to workers to improve their skills
e. Give
professional training to carpenters, artisans, plumbers, electricians etc
f.
Sponsor training programs for teachers in
government schools
g. Organize
personality development programs for children and youth
Other projects
a. Construction
of houses for needy
b. Rehabilitation
of drug addicts
c. Sponsor
old age homes for poor people
d. Adopt
villages
e. Sponsor
bus transports in interior villages
f.
Assistance to government on slum development
g. Sponsoring
ambulances, medical equipment, organ transplant
h. Supporting
the surgery cost of needy patients
i.
Establishing schools in remote area
j.
Sponsoring salaries of teachers in villages
k. Organizing
law awareness programs for public to empower them
l.
Construction of roads in the remote areas
m. Establishing
or sponsoring counselling centres
Views are personal Sibichen K Mathew