Companies (Corporate Social Responsibility Policy) Amendment Rules, 2021.

G.S.R. 40(E).—In exercise of the powers conferred by section 135 and sub-sections (1) and (2) of section 469 of the Companies Act, 2013 (18 of 2013), the Central Government hereby makes the following rules further to
amend the Companies (Corporate Social Responsibility Policy) Rules, 2014, namely:-

1. Short title and commencement. –
   (1) These rules may be called the Companies (Corporate Social Responsibility Policy) Amendment Rules, 2021.
   (2) They shall come into force on the date of their publication in the Official Gazette unless explicitly provided elsewhere in this notification.
   
2. In the Companies (Corporate Social Responsibility Policy) Rules, 2014 (hereinafter referred to as the said rules), for rule 2, the following rule shall be substituted, namely:-
   
   “2. Definitions. – (1) In these rules, unless the context otherwise requires,-
   
   (a) “Act” means the Companies Act, 2013 (18 of 2013);
   
   (b) “Administrative overheads” means the expenses incurred by the company for ‘general management and administration’ of Corporate Social Responsibility functions in the company but shall not include the expenses directly incurred for the designing, implementation, monitoring, and evaluation of a particular Corporate Social Responsibility project or programme;
   
   (c) “Annexure” means the Annexure appended to these rules;
   
   (d) “Corporate Social Responsibility (CSR)” means the activities undertaken by a Company in pursuance of its statutory obligation laid down in section 135 of the Act in accordance with the provisions contained in these rules, but shall not include the following, namely:-
   
   (i) activities undertaken in pursuance of normal course of business of the company:
   Provided that any company engaged in research and development activity of new vaccine, drugs and medical devices in their normal course of business may undertake research and development activity of new vaccine, drugs and medical devices related to COVID-19 for
   financial years 2020-21, 2021-22, 2022-23 subject to the conditions that-
   (a) such research and development activities shall be carried out in collaboration with any of the institutes or organisations mentioned in item (ix) of Schedule VII to the Act;
   (b) details of such activity shall be disclosed separately in the Annual report on CSR included in the Board’s Report;
   
   (ii) 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;
   
   (iii) contribution of any amount directly or indirectly to any political party under section 182 of the Act;
   
   (iv) activities benefitting employees of the company as defined in clause (k) of section 2 of the Code on Wages, 2019 (29 of 2019);
   
   (v) activities supported by the companies on sponsorship basis for deriving marketing benefits or its products or services;
   
   (vi) activities carried out for fulfilment of any other statutory obligations under any law in force in India;

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