The Companies (Corporate SocialResponsibility Policy) Amendment Rules, 2022

MINISTRY OF CORPORATE AFFAIRS
NOTIFICATION
New Delhi, the 20th September, 2022

 

G.S.R. 715(E).— In exercise of the powers conferred under section 135 and sub-sections (1) and (2) of
section 469 of the Companies Act, 2013 (18 of 2013), the Central Government hereby makes the following rules
further to amend the Companies (Corporate Social Responsibility Policy) Rules, 2014, namely:-
1. Short title and commencement. – (1) These rules may be called the Companies (Corporate Social
Responsibility Policy) Amendment Rules, 2022.
(2) They shall come into force on the date of their publication in the Official Gazette.
2. In the Companies (Corporate Social Responsibility Policy) Rules, 2014 (hereinafter referred to as the said rules),
in rule 3, –
(i) in sub-rule (1), after the proviso, the following proviso shall be inserted, namely: –
“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.”;
(ii)sub-rule (2) shall be omitted.
3. In the said rules, in rule 4, for sub-rule (1), the following sub-rule shall be substituted, namely: –
‘(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 a registered public trust or a registered society,
exempted under sub-clauses (iv), (v), (vi) or (via) of clause (23C) of section 10 or registered under section 12A
and approved under 80 G of the Income Tax Act, 1961 (43 of 1961), established by the company, either singly or
along with any other company; or
(b) a company established under section 8 of the Act or a registered trust or a registered society, established by
the Central Government or State Government; or
(c) any entity established under an Act of Parliament or a State legislature; or
(d) a company established under section 8 of the Act, or a registered public trust or a registered society,
exempted under sub-clauses (iv), (v), (vi) or (via) of clause (23C) of section 10 or registered under section 12A
and approved under 80 G of the Income Tax Act, 1961, and having an established track record of at least three
years in undertaking similar activities.
Explanation.- For the purpose of clause (c), the term “entity” shall mean a statutory body constituted under an
Act of Parliament or State legislature to undertake activities covered in Schedule VII of the Act.’.
4. In the said rules, in rule 8, in sub-rule (3), in clause (c),-
(i) for the words “five percent”, the words “two per cent.” shall be substituted;
(ii) for the words “whichever is less”, the words “whichever is higher” shall be substituted.
5. In the said rules, for Annexure-II, the following Annexure shall be substituted, namely:-
“ANNEXURE -II
FORMAT FOR THE ANNUAL REPORT ON CSR ACTIVITIES TO BE INCLUDED IN THE BOARD’S REPORT
FOR FINANCIAL YEAR COMMENCING ON OR AFTER THE 1ST DAY OF APRIL, 2020
1. Brief outline on CSR
Policy of the Company:
2. Composition of CSR Committee:

Sl.
No.
Name of
Director
Designation
/ Nature of
Directorship
Number of meetings of CSR Committee
held during the year
Number of meetings of CSR
Committee attended during the
year
[भाग II—खण् ड 3(i)] भारत का रािपत्र : असाधारण 7
3. Provide the web-link(s) where Composition of CSR Committee, CSR Policy and
CSR Projects approved by the board are disclosed on the website of the
company.
4. Provide the executive summary along with web-link(s) of Impact Assessment of
CSR Projects carried out in pursuance of sub-rule (3) of rule 8, if applicable.

5.
(a) Average net profit of the company as per sub-section (5) of section 135.
(b) Two percent of average net profit of the company as per sub-section (5) of
section 135.
(c) Surplus arising out of the CSR Projects or programmes or activities of the
previous financial years.
(d) Amount required to be set-off for the financial year, if any.
(e) Total CSR obligation for the financial year [(b)+(c)-(d)].
6. (a) Amount spent on CSR Projects (both Ongoing Project and other
than Ongoing Project).
(b) Amount spent in Administrative Overheads.
(c) Amount spent on Impact Assessment, if applicable.
(d) Total amount spent for the Financial Year [(a)+(b)+(c)].
(e) CSR amount spent or unspent for the Financial Year:
Total Amount
Spent for the
Financial Year.
(in Rs.)
Amount Unspent (in Rs.)
Total Amount transferred to
Unspent CSR Account as per subsection (6) of section 135.
Amount transferred to any fund specified under
Schedule VII as per second proviso to sub-section (5)
of section 135.
Amount. Date of transfer. Name of the Fund Amount. Date of transfer.

(f) Excess amount for set-off, if any:
Sl. No. Particular Amount
(in Rs.)
(1) (2) (3)
(i) Two percent of average net profit of the company as per sub-section (5) of section
135
(ii) Total amount spent for the Financial Year
(iii) Excess amount spent for the Financial Year [(ii)-(i)]
(iv) Surplus arising out of the CSR projects or programmes or activities of the previous
Financial Years, if any
(v) Amount available for set off in succeeding Financial Years [(iii)-(iv)]

8 THE GAZETTE OF INDIA : EXTRAORDINARY [PART II—SEC. 3(i)]
7. Details of Unspent Corporate Social Responsibility amount for the preceding three Financial Years:
1 2 3 4 5 6 7 8
Sl.
No.
Preceding
Financial
Year(s)
Amount
transferred to
Unspent CSR
Account
under subsection (6) of
section 135
(in Rs.)
Balance
Amount in
Unspent
CSR
Account
under subsection (6) of
section 135
(in Rs.)
Amount
Spent in
the
Financial
Year (in
Rs)
Amount transferred to a
Fund as specified under
Schedule VII as per
second proviso to subsection (5) of section 135,
if any
Amount
remaining to be
spent in
succeeding
Financial Years
(in Rs)
Deficie
ncy, if
any
Amount
(in Rs)
Date of
Transfer
1
FY-1
2
FY-2
3
FY-3
8. Whether any capital assets have been created or acquired through Corporate Social Responsibility amount
spent in the Financial Year:
Yes No
If Yes, enter the number of Capital assets created/ acquired
Furnish the details relating to such asset(s) so created or acquired through Corporate Social Responsibility
amount spent in the Financial Year:
Sl.
No.
Short
particulars of
the property or
asset(s)
[including
complete
address and
location of the
property]
Pincode of
the
property
or asset(s)
Date of
creation
Amount
of CSR
amount
spent
Details of entity/ Authority/
beneficiary of the registered owner
(1) (2) (3) (4) (5) (6)
CSR
Registration
Number, if
applicable
Name Registered
address
(All the fields should be captured as appearing in the revenue record, flat no, house no, Municipal
Office/Municipal Corporation/ Gram panchayat are to be specified and also the area of the immovable
property as well as boundaries)

9. Specify the reason(s), if the company has failed to
spend two per cent of the average net profit as per subsection (5) of section 135.
[भाग II—खण् ड 3(i)] भारत का रािपत्र : असाधारण 9
Sd/-
(Chief Executive Officer or
Managing Director or Director).
Sd/-
(Chairman CSR Committee).
Sd/-
[Person specified under clause (d) of subsection (1) of section 380]
(Wherever applicable).”.
6. In the said rules, in the e-form CSR–1, for serial number 1 and the entries relating thereto, the following serial
number shall be substituted, namely:-
1. “1. *Nature of the
entity
o Company established under section 8, exempted under sub-clauses (iv), (v), (vi) or (via) of
clause (23C) of section 10 and approved under section 80G of the Income Tax Act, 1961.
o Company established under section 8, registered under section 12A and approved under
section 80G of the Income Tax Act, 1961.
o Registered public trust, exempted under sub-clauses (iv), (v), (vi) or (via) of clause (23C) of
section 10 and approved under section 80G of the Income Tax Act, 1961.
o Registered public trust, registered under section 12A and approved under section 80G of the
Income Tax Act, 1961.
o Registered society, exempted under sub-clauses (iv), (v), (vi) or (via) of clause (23C) of
section 10 and approved under section 80G of the Income Tax Act, 1961.
o Registered society, registered under section 12A and approved under section 80G of the
Income Tax Act, 1961.
o Company established under section 8 or registered Trust or registered Society established by
the Central Government or State Government.
o Entity established under an Act of Parliament or State Legislature.”.


[E-F. No. 05/03/2022-CSR]
INDERDEEP SINGH DHARIWAL, Jt. Secy.

Practice area's of B K Goyal & Co LLP

Company Registration Services in major cities of India

Complete CA Services

RERA Services

Most read resources