(a) the details of amount spent under Corporate Social Responsibility (CSR) in Haryana by the Government and Private Sector Banks and companies during the last three year;
(b) whether the Government has examined the expenditure incurred by the said banks and companies;
(c) if so, the details thereof; and
(d) the complete details of all Government and private companies and banks contributing to the CSR fund?
MINISTER OF STATE (INDEPENDENT CHARGE) OF THE MINISTRY OF STATISTICS AND PROGRAMME IMPLEMENTATION; MINISTER OF STATE (INDEPENDENT CHARGE) OF THE MINISTRY OF PLANNING AND MINISTER OF STATE IN THE MINISTRY OF CORPORATE AFFAIRS [RAO INDERJIT SINGH]
(a) : As per the input provided by the Department of Financial Services, Public Sector Banks are established under the State Bank of India Act, 1955 and the Banking Companies (Acquisition and Transfer of Undertakings) Act, 1970/80 and are not companies incorporated under the Companies Act, 2013 (‘Act) or under any previous company law. As such, the provisions of Corporate Social Responsibility (CSR) provided in Section 135 of the Act are not applicable to Public Sector Banks.
On the basis of filings made in the MCA21 registry by the companies, including banks incorporated under the Act, the CSR spent in Haryana for financial years 2018-19, 2019-20 and 2020-21 is as follows:
State FY 2018-19 FY 2019-20 FY 2020-21
Haryana (INR Cr.) 375.69 525.57 228.38
(Data upto 30.09.2021) [Source: National CSR Data Portal]
(b) & (c): Under the Act, CSR is a Board driven process and the Board of the company is empowered to plan, decide, execute and monitor CSR activities based on the recommendations of its CSR Committee. The CSR framework is disclosure based and
Contd…2/
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CSR mandated companies are required to file details of CSR activities annually in the MCA21 registry. The CSR mandated companies are required to provide additional information in their Profit & Loss Account regarding amount of expenditure incurred on CSR activities and the same is required to be audited by the statutory auditors of the company. Further, the Board of the company is also required to disclose the CSR Policy implemented by the company in its Board report. Thus, the corporate governance framework along with the existing legal provisions such as mandatory disclosures, accountability of the CSR Committee and the Board, provisions for statutory audit of accounts of the company etc. provide adequate safeguards in this regard. Whenever any violation of CSR provisions is reported, action against such non-compliant Companies is initiated as per provisions of the Act after due examination of records and following due process of law.
(d): All data related to CSR filed by companies in MCA21 registry, are available in public domain at www.csr.gov.in. On the basis of filings made in the MCA21 registry, the CSR spent by all Government and private companies, including banks incorporated under the Act, for financial years 2018-19, 2019-20 and 2020-21 respectively is given below:
Nature of Company FY 2018-19 FY 2019-20 FY 2020-21
No. of Companies Total
Amount
Spent
(in Rs. Cr.) No. of Companies Total
Amount
Spent
(in Rs. Cr.) No. of Companies Total
Amount
Spent
(in Rs. Cr.)
Public
Sector
Under-takings (PSUs) 615 4,206.30 452 5,241.57 20 561.18
Non-PSUs 24484 15,943.97 22079 19,447.09 1599 8,266.93
Grand
Total 25099 20,150.27 22531 24,688.66 1619 8,828.11
(Data upto 30.09.2021) [Source: National CSR Data Portal]
Regarding CSR data for the financial year 2020-21, it is informed that the companies are required to hold Annual General Meeting (AGM) within six months from the end of financial year. Thereafter, financial statements and board report containing disclosure about CSR, are to be filed in MCA21 within 30 days of the AGM. In view of the disruption caused by COVID-19 pandemic, Registrars of Companies have accorded extension of time till 30th November, 2021 for conduct of AGMs by companies. The Ministry vide General Circular No. 17/2021 dated 29.10.2021 has relaxed the levy of additional fees till 31.12.2021 for filing of financial statement in respect of the financial year 2020-21.
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