Major Port Authorities (Corporate Social Responsibility) Rules, 2021
GSR. 823(E).–In exercise of the powers conferred by clause (r) of sub-section (2) of section 71 of the Major Port Authorities Act, 2021 (1 of 2021), the Central Government hereby makes the following rules, namely:-
- Short title, commencement and application.–
(1) These rules may be called the Major Port Authorities (Corporate Social Responsibility) Rules, 2021 (1 of 2021).
(2) They shall come into force on the date of their publication in the Official Gazette.
(3) These rules shall apply to the Major Ports mentioned in sub-section (3) of section 1 of the Major Port Authorities Act 2021. - Definitions.–
(1) In these rules, unless the context otherwise requires, –
(a) “Act” means the Major Port Authorities Act, 2021 (1 of 2021);
(b) “Corporate Social Responsibility” means and includes but is not limited to:-
(i) projects or programs relating to activities specified in section 70 of the Act; and
(ii) projects or programs relating to activities as specified in the Corporate Social Responsibility guidelines issued by the Central Government from time to time;
(c) “Corporate Social Responsibility Committee” means the Corporate Social Responsibility Committee constituted by the Major Port;
(d) “Corporate Social Responsibility Guidelines” means the guidelines on Corporate Social Responsibility for major ports that may be issued by the Central Government from time to time;
(e) “Corporate Social Responsibility Plan” means the plan listing the activities to be undertaken by the Major Port and the expenditure thereon, excluding activities undertaken in pursuance of normal course of business of the said Major Port.
(2) Words and expressions used and not defined in these rules but defined in the Act, shall have the same meanings respectively assigned to them in the Act. - Corporate Social Responsibility Committee.-
(1) The Board of each Major Port Authority that fulfills the eligibility criteria as set forth in the Corporate Social Responsibility guidelines shall constitute a Corporate Social Responsibility Committee in such manner and consisting of such persons as specified in the said guidelines:
Provided that the Board of the Major Port Authority which does not fulfill or ceases to fulfill the eligibility criteria set forth in the Corporate Social Responsibility guidelines shall not be required to comply with these rules, till such time that the criteria is met:
Provided further that the Board of the Major Port Authority which does not fulfill the criteria of the Corporate Social Responsibility guidelines may be required to adhere to such other requirements that are set forth within the Corporate Social Responsibility guidelines.
(2) Every member of the Corporate Social Responsibility Committee who is in any way, whether by himself or through any of his relatives or firm, body corporate or other association of individuals in which he or any of his relatives is a partner, director or a member, concerned or interested in any Corporate Social Responsibility project, program or activity recommended or to be recommended in the Corporate Social Responsibility Plan shall disclose the nature of his concern or interest at the meeting of the Corporate Social Responsibility committee, in which such Corporate Social Responsibility project, program or activity is discussed or considered and shall also not participate in such meeting when the agenda relating to such project, program or activity is discussed:
Provided that where any member who is not so concerned or interested at the time of recommending such Corporate Social Responsibility project, program or activity in the Corporate Social Responsibility Plan, he shall, if he becomes concerned or interested after the Corporate Social Responsibility project, program or activity is recommended, disclose his concern or interest forthwith when he becomes concerned or interested or at the first meeting of the Corporate Social Responsibility committee held after he becomes so concerned or interested. - Corporate Social Responsibility budget and allocation.-
The Board of each Major Port Authority that fulfills the eligibility criteria given in the Corporate Social Responsibility guidelines shall, at the beginning of each financial year, create a Corporate Social Responsibility budget and allocate funds to the Corporate Social Responsibility projects, programs or activities in such manner and to such extent as may be specified in the Corporate Social Responsibility guidelines. - Functions of Corporate Social Responsibility Committee.-
The Corporate Social Responsibility Committeeshall, –
(a) formulate and recommend to the Board, a Corporate Social Responsibility Plan which shall be in accordance with these rules;
(b) recommend to the Board the amount of expenditure to be incurred on the activities included in the Corporate Social Responsibility Plan;
(c) periodically monitor the Corporate Social Responsibility activities; and
(d) perform such other functions as may be specified in the Corporate Social Responsibility guidelines. - Corporate Social Responsibility Plan.-
(1) The Corporate Social Responsibility Plan shall, inter-alia, include the following, namely:-
(a) a list of Corporate Social Responsibility projects, programs or activities which a Major Port plans to undertake falling within the purview of clause (c) of sub-rule (1) of rule 3, specifying modalities of execution of such projects or programs and implementation schedules for the same; and
(b) monitoring process for such projects or programs:
Provided that the Corporate Social Responsibility Plan shall not include the activities undertaken in pursuance of normal course of business of a Major Port.
(2) The Corporate Social Responsibility Plan shall specify that the surplus arising out of the Corporate Social Responsibility projects, programs or activities shall not form part of the business profit of the Major Port. - Meetings of Corporate Social Responsibility Committee.-
(1) The Corporate Social Responsibility Committee shall hold such number of meetings every year as it may deem fit to perform its functions under these rules.
(2) The participation of members in a Corporate Social Responsibility Committee meeting may be either in person or through video conferencing or other audio visual means, which are capable of recording and recognising the participation of the members and of recording and storing the proceedings of such meetings along with date and time. - Corporate Social Responsibility planning, implementation, funding, monitoring and reporting.-
The Board shall follow the procedure for planning, implementation, funding, monitoring and reporting of Corporate Social Responsibility projects, programs or activities in accordance with the Corporate Social Responsibility guidelines.
Relevant Post: Major Port Authorities (Fixation and Implementation of Scale of Rates, Fees and Conditions) Rules, 2021.
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