Sl Subject Key Changes

No.

1. Quantum of spending Now every company which has not completed the period of 03 Financial
(Sec 135-5) years will have to spend 2% during such preceding  Financial Years.

2 CSR Spending(Section 135- CSR spending made Mandatory from Voluntary. Hence now it is Spend or
7) penalized. Earlier it was spend or explain.

3. Treatment of unspent Not relating to ongoing Project- In case of failure to spend the same, will
amount(Section 135-6) require carry forward of the same to a Fund specified in Schedule VII,
within 6 months of close of financial year, in addition to disclosure of
reasons for not spending in Board Report. So amount remaining unspent
(other than ongoing project) for the financial year 2020-‐21 shall be
transferred to Schedule VII fund latest by September 30, 2021.

Relating to Ongoing Project - To   be transferred within a period of 30

days from the end of the financial year to a special account to be opened
by the company in that behalf for that financial year in any scheduled
bank to be called the Unspent Corporate Social Responsibility Account
(UCSRA). So amount remaining unspent (ongoing project) for the financial
year 2020--‐21 shall be transferred to UCSRA latest by April 30, 2021.

Extended time for spending unspent amount relating to ongoing Project

-‐ Such amount shall be spent within a period of 3 financial years from the
date of such transfer, failing which, the company shall transfer the same
to a Fund specified in Schedule VII, within a period of thirty days from the
date of completion of the third financial year. So amount remaining
unspent transferred for FY 2020-‐21   to   unspent account,   has   to   be   
utilized   for   the project   up to   FY   2023-‐24,   otherwise   shall   be
transferred to a fund specified in Schedule VII. Hence every project period
should not exceed 03 years.

4. Consequence of non- Offence decriminalised vide CAA, 2020.

transfer in aforesaid Company liable to pay penalty twice the amount of default or Rs. 1 cr,
manner(Sec 135-5) whichever is less.
Every officer liable to pay penalty @ 10% of default or Rs. 2 lacs,
whichever is less.

5. Setoff of excess amount Excess  amount   may   be  set off  against  the requirement to spend
spend towards CSR in  under section 135(5) up to immediate succeeding 03 financial years
immediate succeeding subject to the conditions that –
three financial years  the excess amount available for set off shall not include the
subject succeeding surplus arising out of the CSR  activities,  if  any,  in  pursuance  of
years(Sec 135-5) sub-‐ rule (2) of this rule.
 the Board of the company shall pass a resolution to that effect.

6. Administrative Definition added.

Definition added.  Only the expenses incurred by the company for general
Overheads(CSR Rule) management and administration’ of Corporate Social
Responsibility functions classified as Administrative overheads.
 The expenses directly incurred for the designing, implementation,
monitoring, and evaluation of a particular Corporate Social
Responsibility project or programme specifically excluded.
  The administrative overheads not to exceed five percent of total
CSR expenditure of the company for the financial year.

7. CSR definition(CSR Rule) Inclusive definition now made exclusive and activities not considered as
CSR specified clearly. Accordingly the following activities shall not be
considered CSR:
 Activities undertaken in pursuance of normal course of business of
the company (except COVID 19 related R & D up to the financial
year  2022-‐23,  subject  to  certain conditions);
 Any activity undertaken by the company outside India (except for
training of Indian sports personnel representing any State or
Union territory at national level or India at international level);
 Contribution of any amount directly or indirectly to any political
party under section 182 of the Act.
 activities that significantly benefit the employees of the company
as defined in clause (k) of section 2 of the Code on Wages, 2019
(29 of 2019);
 activities supported by the companies on sponsorship basis for
deriving marketing benefits for its products or services;
 activities carried out for fulfillment of any other statutory
obligations under any law  in force in India;

8. CSR Policy(CSR Rule) CSR Policy to include:

 approach and direction given by the board of a company, taking
into account the recommendations of its CSR Committee;
 guiding principles for selection, implementation and monitoring of
activities;
 Formulation of the annual action plan.

9. CSR Committee(Sec 135-9) CSR Committee not required, if amount to be spent by a company does
not exceed fifty lakh rupees.
In such cases Board shall discharge all functions of CSR Committee.

10. Ongoing Project(CSR Rule)  “Ongoing   Project”   means   a   multi-‐year   project having
timelines not exceeding 03 years excluding the financial year in which it
was commenced.
Project that was initially not approved as a multi-‐ year project can
be made ongoing by extending the duration beyond one year by the
board based on reasonable justification.
It looks that CSR Project duration cannot be more than 03 years.

11. Implementing Agency(CSR Companies can do CSR either on its own or through Implementing
Rule) Agency.
Three major changes had been made:
 w.e.f. 01.04.2021 registration of such entity shall be mandatory by
filing form CSR 1. Unique CSR Registration Number shall be
generated for each entity.
 Only registered public trust now allowed as against any registered
trust, except in case established by CG/SG.
 In addition to registration under respective act, registration under
the provisions of section 12A & 80 G of the Income Tax has been
made mandatory.

12. Engagement of A company may engage international organisations for designing,

International monitoring and evaluation of the CSR projects or programmes as per its
 Organisations(CSR Rule) CSR policy as well as for capacity building of their own personnel for CSR.
Only Central Government notified organisations shall qualify as
International Organisation

13. Responsibility of a Board The Board shall be responsible to:

and CFO(CSR Rule)  satisfy itself that the funds so disbursed have been utilised for the
purposes and in the manner as approved by it.
 monitor the implementation of the project with reference to the
approved timelines and year-‐wise allocation
 to make modifications, if any, for smooth implementation of the
project within the overall permissible time period.
 CFO or the person responsible for financial management shall
certify to the effect.

14. Annual Action Plan(CSR The CSR Committee shall formulate and recommend to the Board, an
Rule) annual action plan in pursuance of its CSR policy.
Annual Action Plan to include:
 List of CSR Projects approved
 Manner of execution
 modalities of utilisation of funds and implementation schedules
 monitoring and reporting mechanism
On recommendation of CSR Committee Annual Action Plan may be
altered by the Board.

15. Treatment of surplus Any surplus arising out of the CSR activities shall not form part of the
arising out of CSR business profit of a company.
activities(CSR Rule) Such surplus shall be ploughed back into the same project or shall be
transferred to the Unspent CSR Account and spent in pursuance of CSR
policy / Annual action plan of the company or transfer such surplus
amount to a Fund specified in Schedule VII, within a period of six months
of the expiry of the financial year

16. Capital Assets(CSR Rule) The CSR Assets to be held by a Section 8 Company, or Registered
Public Trust, or registered society with charitable objects, having CSR
registration number or beneficiaries of the said CSR project, in the form of
self-‐help groups, collectives, entities or a public authority.
Any CSR asset created prior to these Rules, required to comply
within a period of 180 days (Board may extend by 90 days).

17. CSR Reporting(CSR Rule) From financial year starting on or after April 01, 2020 CSR report shall be
in Annexure – II, previous years Annexure I shall continue.
Annexure II mandates additional disclosures regarding:
 Impact assessment
 Amount available for Setoff
 CSR amount spent against ongoing project/other than ongoing
project
 Administrative overhead
 Unspent amount against ongoing project/other than ongoing
project
 Details regarding capital assets

18. Impact Assessment(CSR A company having the obligation of spending average CSR amount
Rule) of Rs 10 Crore or more in the three immediately preceding financial years
in pursuance of Section 135(5) of the Act, shall undertake impact
assessment.
 Impact assessment to be done by an independent agency.
Impact assessment to be done in respect of CSR projects having
outlays of one crore rupees or more, and which have been completed not
less than one year before undertaking the impact study.
The impact assessment reports shall be placed before the Board
and shall be annexed to the annual report on CSR.
Impact assessment expenditure for a financial year shall not
exceed five percent of the total CSR expenditure for that financial year or
fifty lakh
rupees, whichever is less.

19. Website Disclosure(CSR New Disclosure on Website, ifany – CSR Committee constitution, CSR
Rule) Projects approved.

20. National Unspent CSR Fund Central Government shall establish a ‘National Unspent CSR Fund’ for
purpose of transferring the unspent amount of companies, which shall be
then used for activities outlined in Schedule VII.
Until such fund is created the unspent CSR amount in terms of provisions
of sub-‐section (5) and (6) of section 135 of the Act shall be transferred by
the company to any fund as specified in schedule VII of the Act.
PMNRF, PM CARES, Swach Bharat Kosh, Clean Ganga Fund are the funds
specified under Schedule VII.

21. Form CSR 1 For registration of Implementing agencies with MCA

Unique CSR Registration Number shall be generated for each entity. It is
one time registration.