oppn parties Drop Jail Term As Penalty For Non-Compliance With CSR Norms

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  • Supreme Court transfers Azam Khan's fresh ED bail plea to Allahabad High Court. The apex court declined to consider the Samajwadi Party leader's bail request in a fresh Enforcement Directorate case and directed that it be listed before a division Bench of the High Court on November 16
  • Two killed in Delhi building collapse; contractor booked. Two bodies were recovered after a building collapsed in Chawri Bazaar. Delhi Chief Minister Rekha Gupta said the contractor had been booked and the concerned junior and assistant engineers suspended
  • Uttar Pradesh voter rolls show a 2.4-crore discrepancy. A difference of approximately 2.4 crore names has been reported between the state's panchayat and rural Assembly voter lists. The Election Commission has ordered the two sets of rolls to be matched
  • Gujarat announces 3% dearness allowance hike. The state government announced a three-percentage-point increase in dearness allowance for government employees and pensioners ahead of Diwali
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  • Maaya Rajeshwaran reaches WTA-level quarter-final. The 17-year-old Indian defeated Poland's Weronika Falkowska 6-4, 6-3, becoming the first Indian woman since Sania Mirza in 2012 to reach a quarter-final at a WTA Tour-level singles event
  • Tanvi Patri reaches Youth Olympics badminton final. The 15-year-old defeated Japan's Yuzuno Watanabe in the semi-final, assuring India of a medal and becoming the first Indian badminton player to reach the girls' singles final at the Youth Olympics
  • India beat Pakistan 3-2 in SAFF Championship. India defeated Pakistan in a closely contested match, having led 3-0 before conceding two late goals. The victory was reported as a significant result for India's second-string side
  • India beat Japan 4-1 to win a record sixth Asian Champions Trophy. India recovered from an early deficit to defeat Japan in the final at Mohali, extending its record as the tournament's most successful men's team
  • The Supreme Court issued notice to the Centre and the Election Commission on a petition challenging Section 16 of the Chief Election Commissioner and Other Election Commissioners Act, 2023, which grants the CEC and Election Commissioners protection from legal proceedings for acts performed in their official duties. The petition argues that such blanket immunity could leave citizens without an effective remedy for alleged wrongdoing by the Commission
  • The Supreme Court told voters whose names were deleted from Delhi's draft electoral rolls not to be apprehensive about seeking re-enrolment through Form 6, after the Election Commission assured it that such applicants would not be prosecuted merely because their names had appeared in earlier rolls
  • Congress leader Rahul Gandhi opened the party's campaign for the 2027 Punjab Assembly elections with an Insaaf rally in Sangrur, Chief Minister Bhagwant Mann's home district, accusing the AAP government of failing to control drugs, gangster violence and corruption. Congress president Mallikarjun Kharge outlined six commitments, including a drug-free Punjab, protection of farmers, employment for young people and action against corruption
  • Rahul Gandhi accused the AAP government of running Punjab through a remote control from Delhi and questioned Bhagwant Mann's ability to tackle drug abuse, making personal allegations about the Chief Minister's conduct during their time together in Parliament
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oppn parties
Drop Jail Term As Penalty For Non-Compliance With CSR Norms

By Sunil Garodia

About the Author

Sunil Garodia Editor-in-Chief of indiacommentary.com. Current Affairs analyst and political commentator. Author of Cyber Scams in India, Digital Arrest, The Money Trap and The Human Hack

If the Finance Ministry had a committee working on how to make Corporate Social Responsibility (CSR) more effective and meaningful and make companies comply with it, what was the rush to get the punitive amendments passed in Parliament? Just a couple of weeks after the amendment to prescribe jail terms for not meeting CSR requirements (which obviously raised hackles in the corporate world and legal circles), the committee, headed by Corporate Affairs Secretary Injeti Srinivas, has said that jail terms are not the answer and has suggested fines and putting the funds in an escrow account as alternatives. It has also recommended that CSR expenditure be allowed as a deduction from taxable income.

The committee has sensibly recommended that non-compliance should be a civil offence and it should be de-criminalized. It has suggested an increased fine of up to Rs 1 crore instead of Rs 25 lakhs as proposed in the amended Companies Act. It has also proposed that the unspent CSR funds should be allowed to be carried forward for three to five years by putting them in a separate account. The committee said in the report that "CSR is a means to partner corporates for social development and such penal provisions are not in harmony with the spirit of CSR." This is the line that the government should ideally adopt. 

But figures with the Ministry of Corporate Affairs show that companies have been lax in complying with CSR norms in the absence of punitive measures. Nearly fifty percent of the companies that fall under the CSR bracket (having a net worth of Rs 500 crore or turnover of Rs 1000 crore or net profit of Rs 5 crore) failed to file reports of how they spent the mandated 2 percent of the average profits they made in the three previous years under CSR; or even if they spent a single paisa at all. If the legal provision is there, companies cannot be allowed to flout it. Businessmen only understand the language of money. So if hefty fines are imposed and the unspent funds are taken away from them, they will try their best to comply. Hence, punitive measures are welcome but criminalizing non-compliance is not one of them. The government must review the amendments and drop the criminal penalty clause.