MCA UPDATE

The Companies (Corporate Social Responsibility Policy) Amendment Rules, 2016

The Ministry of Corporate Affairs amended the Companies (Corporate Social Responsibility Policy) Rules, 2014, whereby rule 4 sub-rule (2) has been substituted with the following:

“(2) The Board of a company may decide to undertake its CSR activities approved by the CSR Committee, through 

(a) a company established under section 8 of the Act or a registered trust or a registered society, established by the company, either singly or alongwith 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 any entity established under an Act of Parliament or a State legislature :

Provided that- if, the Board of a company decides to undertake its CSR activities through a company established under section 8 of the Act or a registered trust or a registered society, other than those specified in this sub-rule, such company or trust or society shall have an established track record of three years in undertaking similar programs or projects; and the company has specified the projects or programs to be undertaken, the modalities of utilisation of funds of such projects and programs and the monitoring and reporting mechanism”.

These rules may be called the Companies (Corporate Social Responsibility Policy) Amendment Rules, 2016.

They shall come into force on the date of their publication in the Official Gazette