New Companies Bill stresses CSR - Financial Express  
  December 17, 2009
The Companies Bill 2009 has proposed laying   guidelines for corporate social   responsibility,   although it does not intend to infringe the   voluntary   aspect of CSR, according to a top   corporate ministry official.
Minister of corporate affairs Salman Khurseed has   said the objective of   incorporating CSR in the   Companies Bill is to guide India Inc on the   way   of making money that helps inclusive growth.
Corporate affairs secretary R. Bandopadhyay said   CSR is one area in which   President Pratibha Patil   takes a huge interest. In fact, the Bill seeks   to   make CSR an integral part of corporate governance   and both corporate   governance and CSR would come   under the Act.
Besides the normal process of taking the   President of India's consent   following a Cabinet   nod for transforming a Bill to an Act, the   31-member   parliamentary committee looking into   the issue of corporate law would   shortly present   the CSR guidelines before the President,   Bandopadhyay   said.
The guidelines would allow India Inc to take   voluntary initiatives, too.   However, principles   would be laid so that it becomes mandatory for   India   Inc to mitigate with the climate change   issues, Bandopadhyay said.
While oil behemoth ONGC Ltd has already framed a   climate change policy, coal   behemoth Coal India   Ltd (CIL) is debating the issue. According to   CIL   chairman Partha. S Bhattacharyya, though CIL is   not a carbon   emitting company, it ensures that   after a mine's life is over, both open   cast and   underground land reclamation is properly done to   ensure   environmental protection.
CIL has engaged Central Mine Planning & Design   Institute (CMPDI) and   National Remote Sensing   Agency (NRSA) for satellite surveillance,   which   would bring 172 open cast mines under its ambit   within the next   three years, Bhattacharyya said.
"We are trying to frame a system of corporate   governance in terms of people,   planet and profit. Our emphasis is now on a triple bottom line   wherein   the first priority would be people,   second planet and profit the last,"   Khursid said.
"We want to present a model of CSR currently   unknown to the rest of the   world," he added.
According to ITC Group vice-president Nazeeb Arif, although the company has   been long   propagating triple bottom line, it has not talked   of making   CSR statutory. "But if CSR has to reach   a meaningful dimension, there should   be a   mechanism of rating companies based on triple   bottom line, which   also needs to be given   incentives," Arif said.
"Statute should provide for a rating system,   understandable to consumers.   Consumers should   drive companies to make social investments," Arif   said.
However, the Bill is still open for comments of   all stakeholders, said   Bandopadhyay. "Our final   guideline will come only when we are able   to   converge all diverse opinions to a consensus," he   said.
A Tata official said even as there are no   statutory CSR guidelines as yet,   66% of the   profits generated by the Tata Sons goes back to   the society   through various trustees.