Question : New CSR Rules


(a) the reasons due to which theGovernment has decided not tooperationalise the new CSR rules that makeviolations a criminal offence;

(b) the details of the number of casesof CSR rules violation found and actiontaken against such violators during each ofthe last five years;

(c) whether the Government hasnoticed any of the companies or financialinstitutions committing fraud in their CSRfunds, if so, the details thereof;

(d) whether the Governmentproposes to conduct an investigationagainst Manappuram Finance and KitexGarments Ltd., if so, the details thereof;

(e) whether the Government hasthe data on the use of CSR funds inthe country, if so, the details thereof,sector-wise; and

(f) whether the Government has anyinitiatives to curb such corrupted firms, ifso, the details thereof including the numberof companies caught in CSR fraud casesduring the said period?

Answer given by the minister

THE MINISTER OF STATE FOR FINANCE
AND CORPORATE AFFAIRS (SHRI ANURAG SINGH THAKUR)
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(a):There is an overall effort to decriminalize Companies Act, 2013 (“Act”) barring serious fraud and major violations that could have an adverse impact on public interest.

(b) to (f): The entire CSR architecture is disclosure based and CSR mandated companies are required to file details of CSR initiatives annually in MCA21 registry. Centralized Scrutiny and Prosecution Mechanism was setup to monitor CSR compliance by companies. Whenever any violation of CSR provisions is reported, action against such non-compliant Companies are initiated as per provisions of the Act, after due examination of records following due process of law. Accordingly, sanction forprosecutionhasbeenaccorded in 366 cases for
Contd….2/


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financial year 2014-15. All CSR related offences are compoundable. So far, 118 applications for compounding have been made and 37 cases have been compounded. Further, call for information letters were issued to 5382 companies seeking information on the compliance of provisions related to Section 135 of the Act and Companies (CSR Policy) Rules, 2014 for financial year 2015-16.
There is no proposal to conduct an investigation against Manappuram Finance Ltd. and Kitex Garments Ltd till date.

The Sector-wise details of the CSR expenditure by Companies during financial years 2014-15, 2015-16, 2016-17 and 2017-18 is annexed.

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ANNEXURE

ANNEXURE REFERRED TO IN REPLY TO LOK SABHA UNSTARRED QUESTION NO. 1192

Development Sector-wise CSR expenditure (in cr.) (Data upto 30.06.2019)

Development Sector FY
2014-15 FY
2015-16 FY
2016-17 FY
2017-18 Grand Total
Agro Forestry 18.12 57.85 43.45 12.18 131.60
Animal Welfare 17.29 66.67 78.65 59.48 222.09
Armed Forces, Veterans, War Widows/ Dependents 4.76 11.14 37.86 27.72 81.49
Art And Culture 117.37 119.17 305.57 283.81 825.92
Clean Ganga Fund 5.47 32.82 24.37 4.44 67.10
Conservation Of Natural Resources 44.60 49.85 119.09 212.74 426.28
Education 2,589.42 4,057.45 4,500.82 4,594.64 15,742.32
Environmental Sustainability 773.99 796.69 1,076.46 1,076.42 3,723.56
Gender Equality 55.21 73.85 72.60 20.48 222.14
Health Care 1,847.74 2,569.43 2,484.05 2,192.16 9,093.38
Livelihood Enhancement Projects 280.17 393.38 515.47 658.18 1,847.19
NEC/ Not Mentioned 1,338.40 1,051.16 388.96 0.76 2,779.28
Other Central Government Funds 277.10 334.35 419.99 255.40 1,286.83
Poverty, Eradicating Hunger, Malnutrition 274.70 1,252.08 606.55 635.93 2,769.25
Prime Minister''s National Relief Fund 228.18 218.04 158.80 158.20 763.23
Rural Development Projects 1,059.35 1,376.16 1,554.78 1,477.29 5,467.58
Safe Drinking Water 103.95 180.16 147.76 180.16 612.03
Sanitation 299.54 631.80 421.71 291.69 1,644.75
Senior Citizens Welfare 8.94 21.87 26.91 32.94 90.67
Setting Up Homes And Hostels For Women 8.74 29.28 61.97 67.73 167.72
Setting Up Orphanage 5.12 16.90 16.80 36.86 75.68
Slum Area Development 101.14 14.10 51.49 35.11 201.84
Socio-Economic Inequalities 39.04 77.97 148.01 134.70 399.72
Special Education 41.43 125.84 164.83 122.56 454.67
Swachh Bharat Kosh 113.86 325.52 184.06 213.79 837.23
Technology Incubators 4.74 26.34 23.09 15.54 69.71
Training To Promote Sports 57.62 140.12 180.33 227.50 605.57
Vocational Skills 277.07 344.39 373.46 391.73 1,386.66
Women Empowerment 72.87 122.79 141.62 200.37 537.65
Grand Total 10,065.933 14,517.19 14,329.53 13,620.51 52,533.16


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