Cement, Energy and Environment
components like railways, power plant, mines and MU. And obtaining EC for these projects generally companies dis nguish varied geographic converge under CSR and varied project dura on. Hence during project phase CSR spent should be made as per s pulated condi on but due to close proximity chances of overlapping is always there. In case of mines a er enforcement of District Mineral Founda on Trust in each district and CSR spent as per EC or mines plan, overlapping of geographic loca ons and ac vi es are likely to happen. In that case 2% of profit before tax (PBT), of integrated project is applicable for all project components. DMFT under the chairmanship of District Collector have right to approve any project in priority area. Case IV For such projects occupant companies are bound to make investment on CSR under different s pula ons and as per new CSR rule, 2013 and, MDO should also liable to make CSR expenses as per new CSR rule, 2013. Case V For such projects the occupant companies should made CSR expenses as per new CSR rule, 2013, and as per MMDR Amendment Act, 2015, DMFT under the chairmanship of District Collector have right to approve any project in districts affected by mining related opera ons (both at a me). Case VI In such cases where the manufacturing units or mines shutdowns which perpetually harm the present and future of people lives and livelihood and leave the land and Common Property Resources (CPR,s) as an monuments of failure. No solid policy has been devised ll date for the repayment the massive loss of people and environment for the corresponding future; it is suggested to government to derive comprehensive policy on the same. It is suggested that government should inculcate some mechanism to overcome above concerns of mul ple s pula on from different governmental bodies on manda ng CSR expense instead mo vate business for voluntary planning of CSR ac vi es. Also pu ng such huge liabili es on businesses on account of CSR is not a win - win situa on for public and business. If see the new CSR rule, 2013, though it is regulatory measures the fact is that they it is voluntary in nature. Hence government should revisit these obliga ons by different governmental agencies and should simplify the CSR expense calcula ons. Alongside, companies must aim to approach, engage and work with state governments and local government bodies to ensure be er access to the end beneficiary, delivery channels that will help scale up and fast- track CSR projects. In India, Companies Act, 2013, brought an end to the long run discussion on CSR prac ces by the corporates. The journey of CSR as a corporate responsibility has two broad perspec ves, pre Companies Act 2013 and post Companies Act 2013. CSR policy is s ll in a nascent stage and hence faces number of challenges. The above cases are just an example of this. The recent Union Budget 2015 clarified that any expenditure on the Swatch Bharat Abhiyan is to be claimed as deduc on u/s 80 G and not under CSR. Thus, Indian law on CSR s ll awaits clarifica on on many areas wherein claiming deduc on u/s 80, exemp ons from tax and trea ng it as CSR all are in existence. It is found that there is a need for crea on of awareness about CSR amongst the general public to make CSR ini a ves more effec ve. This awareness genera on can be taken up by various stakeholders including the media to highlight the good work done by corporate houses in this area. This will bring 41
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