From the Chairman - ICSI · August, 2015 3 NIRC-ICSI Newsletter From the Chairman ... colleagues in the Regional Council and the officials working at NIRO

August, 2015 3 NIRC-ICSI Newsletter

From the Chairman

• Chandigarh State Conference on Companies Act, 2013: A Catalystfor Excellence in Governance: On 11th July, 2015 NIRC organisedChandigarh State Conference on "Companies Act, 2013: A Catalystfor Excellence in Governance". CS Satwinder Singh, CS RanjeetPandey, CS Rajiv Bajaj, CS N K Jain & CS Lalit Jain were the guestspeakers in the conference.

• Participation in Raahgiri for brand building: On 12th July, 2015NIRC for brand building of the profession participated in theRaahgiri.

• PCS Meeting on Financial Statements-Analysis and Interpretation:On 13th July, 2015 NIRC organised a PCS Meeting on the topic"Financial Statements-Analysis & Interpretation". CA Eish Tanejawas the Guest speaker on the occasion. The meeting was very wellattended by the members.

• Regional Level Moot Court Competition: On 14th July, 2015NIRC organised Regional Level of 13th All India Moot CourtCompetition for the students. CS Mukesh Sukhija, CS AshutoshGupta, CS Kartik Jain, CS Sharad Tyagi, CS Vishal Mehan, Mr.Sujoy Datta, CS Vidhi Madaan, Ms. Heena Khurana, CS S P Singh,CS Manish Durga, CS Kamal Ahuja, CS Lakshmi Gurung, CSRajeev Goel were the judges in the competition.

• Career Awareness Program: On 15th July, 2015 NIRC organisedCareer Awareness Programs in the various schools of Delhi forcreating awareness about our profession.

• HR Conclave: On 17th July, 2015 NIRC organised HR Conclaveand invited various HR heads and HR Executives of big corporatesto attend the program. The main objective of organising HR conclavewas to show case our profession to them and also explain them therole & responsibilities which a Company Secretary can shoulder.CS (Dr.) S Kumar, Former Principal Director, ICSI & Mr. SunilMaheshwari, Founder Samatvam Academy were the GuestSpeakers on the occasion. The conclave was attended by largenumber of HR professionals.

• Two Day Residential Workshop: On 18th & 19th July, 2015, NIRCorganised two day residential workshop. CS Lalit Kumar, Partner,J Sagar Associates; CS Ilam C. Kamboj, Associate Vice President,Legal & Company Secretary, Hero Moto Corp Ltd.; CS SatwinderSingh, Council Member, ICSI and CS Ranjeet Pandey, CouncilMember, ICSI were the Guest Speakers at the workshop.

• Study Session on Convergence of Internal Audit, SOX, COSO &Companies Act, 2013: On 20th July, 2015 NIRC organised a StudySession on Convergence of Internal Audit, SOX, COSO & CompaniesAct, 2013. Mr. Rahul Magan Manager - Finance & CorporateTreasurer, EXL Services Holdings, Inc. Noida, U.P. (India) was theGuest Speaker on the occasion.

• Talk on Effective Communication: With the objective of enhancingthe communication skills of members, on 21st July, 2015 NIRCorganised a Talk on Effective Communication for members. Mr.Praveen Narang, Corporate Trainer was the Guest Speaker on theoccasion.

• Two Day Induction Program for Members in Employment: On22nd & 23rd July, 2015 NIRC organised Two Day Induction Programfor Members in Employment. Ms. Preeti Singal, Corporate Trainer;CS (Dr.) S Kumar, Advocate; CS Sharad Tyagi, Seth Dua & Associates;CS N K Jain, Partner, GlobFin Serve LLP; CS Rajiv Bajaj, CouncilMember, ICSI were the guest speakers on the occasion.

• Interactive Session with Regulators: On 24th July, 2015 NIRCorganised an Interactive Session with Regulators. Shri D.Bandopadhyay, Registrar of Companies, Delhi & Haryana, ShriD.P. Ojha, Official Liquidator attached to Delhi High Court andShri Amit Pradhan, Regional Director, SEBI, New Delhi were theregulators attending the program. Members in large numberattended the program and availed this opportunities for clarifyingtheir various queries.

• Seminar on NCLT - A New Era to Corporate Adjudication &Annual General Meeting of NIRC: NIRC with a view to preparemembers for the NCLT regime organized a Mega Seminar on 25thJuly, 2015 on "NCLT - A New Era to Corporate Adjudication".Hon'ble Mr. Justice A.K. Sikri Judge, Supreme Court of India wasthe Chief Guest and Hon'ble Mr. Justice M.M. Kumar, Chairman,Company Law Board was the Guest of Honour on the occasion. Mr.Amit Sibal, Senior Advocate, CS Satwinder Singh, Partner, VaishAssociates and Council Member, ICSI and Mr. Krishnendu Datta,Advocate were the Guest Speakers on the occasion. On the sameday in the evening, NIRC organised its Annual General Meeting

for this year. Members present gave various suggestions and NIRCassures you to implement the same in the right perspective.

• Moot Court Competition for Members: On 26th July, 2015, NIRCorganised a Moot Court Competition for the members of the Institute.CS Mukesh Sukhija and CS Sanjiv Dagar were the judges for thecompetition.

• CS Job Fair: On 27th July, 2015 NIRC organised a CS Job Fair forthe members searching for the suitable jobs. Various corporatesparticipated in the fair and the same turned out to be fruitfulendeavour.

• Corporate Law Quiz for Members: On 28th July, 2015, NIRCorganised a Corporate Law Quiz for members of the Institute. CSVishal Arora acted as quiz master on the occasion.

• 13th All India Students Moot Court Competition - National Level:On 29th July, 2015, NIRC organised National Level of 13th AllIndia Moot Court Competition for the students wherein two teams(winner & runner up) from every region participated in thecompetition. The team consisting of Ms. Sushmita R, Regn. No.340057787/02/2014 and Ms. Pallavi Daryani, Regn. No. 440153210representing Bangalore Chapter of SIRC-ICSI was declared as thewinning team of the competition and the team consisting of Mr.Dheeraj Kr. Sharma, Regn. No. 221370461/02/2012 and Mr. ManavHarivyasi, Regn. No. 221065648/2/2011 representing NIRC-ICSIwas declared as the runner up team of the competition. Hon'bleMr. Justice D R Deshmukh, Former Chairman, Company LawBoard, CS Nesar Ahmad, Past President, ICSI, CS Virender Ganda,Past President, ICSI, CS R S Bhatia, CS Lakshmi Gurung, CS MukeshSukhija, CS Ashutosh Gupta, CS Sharad Tyagi, CS Vidhi Madaan,CS S P Singh, CS J K Bareja, CS S Narayanan, CS Sumit Garg, CSMohit Chaurasia, CS M Mahani, CS R K Khurana and CS VishalArora were the judges in the competition.

• Pooja Ceremony for renovation of Auditorium of NIRC: On30th July, 2015, Pooja ceremony for the renovation of Auditoriumof NIRC was performed.

• Mega Students' Regional Conference: On 31st July, 2015 i.e. onthe Foundation Day of NIRC Mega Students' Regional Conferencewas organised by NIRC. Mr. Saurabh Shukla was the star guest ofthe conference and Mr. Asit Ghosh, Trainer and CS Gaurav Arora,VP, Yes Bank were the guest speakers on the occasion. About 550students have attended the conference. On the same day in theevening a program on the topic "Ignite the fire within: Rediscoveryourself" was organised for the members of the Institute. Dr. KiritSolanki, Member of Parliament was the Chief Guest and CS Atul HMehta, President, ICSI was the Guest of Honour on the occasion.Mr. P S Rathore, Corporate Trainer was the guest speaker on theoccasion.

I take this opportunity to place on record my sincere thanks and gratitudeto all the Chief Guests, Guests of Honour, Judges, Guest Speakers,Quiz Master for sparing their valuable time and sharing their richknowledge and words of wisdom with the delegates of the all theseprogrammes. I also wish to place on record my sincere thanks to all mycolleagues in the Regional Council and the officials working at NIROwithout their support and dedication it was not possible for us toorganise all these programmes.

I take this opportunity to request all of you to support and contribute inthe activities of NIRC, in whatever manner and form you can. NIRChas been organising many study sessions, workshops and seminar forwhich, we request you to share your profile with us for taking a sessionin the programs being organized by NIRC. We also need your supportfor creating awareness about our profession by taking Career AwarenessSessions in schools and colleges.

I also request all of you to kindly give your constructive suggestions forthe development of the activities of NIRC. Please feel free to interactwith me at [email protected]

With warm regards, Yours sincerely,

CS NPS Chawla

Chairman, NIRC-ICSI

Cell: 9958535300, [email protected]


A TRIBUTE TO LATE DR. A.P.J. ABDUL KALAM – CS Mehak Garg*

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"To succeed in your mission, you must have single-minded devotion to your goal." - A.P.J. Abdul Kalam

A person who went from distributing newspapers after school during childhood became the President ofour country. Keeping the single-minded devotion to his goal, eminent scientist and engineer, Dr. A.P.J.Abdul Kalam made every day of his life count for all it's worth, till very last breath he took. 'FormerPresident of India', 'Missile Man of India', 'The Man behind Vision 2020' passed away on Monday, July 27,2015 at a hospital in Shillong.

Born in Rameshwaram in Tamil Nadu on October 15, 1931, Dr. Kalam was a key driver of India's space andmissile programs. He was the Chief Executive of the Integrated Guided Missile Development Program. Heserved as the Chief Project Coordinator for Pokhran II nuclear tests, after which he was fondly called the"Missile Man of India". He was a teacher who cared about students and young Indians all his life andinspired all with his thoughts, his ideologies and his vision for and of a better India. He was awardedPadma Bhushan, Padma Vibhushan and Bharat Ratna - the highest civilian honour.

When the world to gether is most fondly referred to as a global village, he pushed the country to reach newheights and to aspire to lead the way in its global rise, rather than an aim to merely catch-up with thedeveloped nations across the global. People loved and respected Dr. Kalam so much during his tenure asthe President that he was popularly called the "People's President". He was an extremely simple man whohad a simple living, right from getting out of the Rastrapati Bhawan for a walk, without his security tostanding in a normal queue at the time of elections to cast his vote; he has always been one man who haskept his feet grounded, despite all the success that he had achieved. He will not only be remembered for theimmeasurably remarkable achievements and marks he left behind, but surely as a Great Human, for hisdetermined character, for his love, for his patriotism, for he could ignite our minds.

His message to the youth of India:

"My message, especially to young people

is to have courage to think differently,

courage to invent, to travel the unexplored path,

courage to discover the impossible and

to conquer the problems and succeed.

These are great qualities that they must work towards." -A. P. J. Abdul Kalam

This man lived like an Indian, served like an Indian, and died as an Indian, and all Indians, whether of anycaste, creed, religion mourned his loss.

*The views expressed are personal views of the author and it should not be taken as views of the NIRC-ICSI.


Food is an essential and indispensable requirementfor the very existence of human race. All human beingconsume food everyday for their survival andtherefore are their consumer. However, not all humanbeing are their producers. Food brings on table safetyconcerns of human being. Therefore the same isexpected to be regulated by a responsible dedicatedbody along with the Govt.

Food is a most important factor for any living beingand the nature provides best answer for the same.The only issue which bothered food is itsadulteration resorted to by unscrupulous traders. Aneed to regulate adulteration of food lead to itsregulation in India vides Prevention of FoodAdulteration Act, 1954. Since it is next to impossibleto create a barrier based regulation system to checkacts of adulteration, self regulation was prescribed.

However, with the advent of technology, it is faileddesirable to create a mechanism to address foodregulation through science based mechanism.Accordingly, a new methodology was devised whereunder the Food Business Operators (FBO) wereexpected to regulate themselves through selfcompliance mechanism under the Food Safety andStandards Act, 2006 (the Act) in order to ensure theavailability of safe and wholesome food for humanconsumption.

Accordingly, FSSAI was established under the Act,2006 with a responsibility to laid down science basedstandards for article of foods and regulatemanufacture, storage, distribution, sale and importunder the scheme of the self compliance throughFood Safety Management System (FSMS). Needlessto say, in order to achieve the objective of the statuethat is to ensure availability of safe and wholesomefood for human consumption, duty was casted onthe FSSAI to create a barometer based on sciencestandard in order to ensure their self compliance bythe FBO.

In consonance with the aforesaid objective, like anyother governed, guided and civil society, India

THE EASE OF FOOD BUSINESS VIS-A-VIS FOOD REGULATORYENVIRONMENT IN INDIA

– Mr.Biswajit Das, Partner, Juris & Juris & Mr.Pawan Dubey, Partner, Lex Bolster Global LLP*

enunciated law relating to food to regulate its peopleengaged in the food industry. India saw a post-independent food law namely, Prevention of FoodAdulteration Act, 1954 ("PFA, 1954" in short), whichregulated Food Business Operators in India througha mechanism called self-regulation. Recently, aconsolidated law called, Food Safety and StandardsAct, 2006 ("FSS Act, 2006" in short), substituted theold PFA, 1954 shifting from mere self-regulatingmechanism to a self-compliance through Food SafetyManagement System ("FSMS" in short) mechanismwith the Food Authority ("FSSAI" in short) as itsregulator under the FSS Act, 2006.

In order to protect the interests i.e. the safety concernof the consumer, the producers and the peopleassociated therein known as Food Business Operator("FBO" in short) are regulated through available foodlegislations by the FSSAI. In order to regulate theseFBOs to ensure them to discharge theirresponsibilities, FSSAI or for that matter the Govt. isexpected to frame the rules and regulations so thatcompliance of law is ensured.

FSSAI is entrusted with the duty to lay down sciencebased standards for articles of food and to regulatetheir manufacture, distribution, storage, import andsale so as to ensure availability of safe andwholesome food for human consumption.

FSS Act, 2006 seeks to achieve food safety throughthe adoption of FSMS, which is a self-compliancemechanism prescribed under the said act.Accordingly, unsafe food is defined under the FSSAct, 2006 as something which is injurious to publichealth. This is to be tested on the basis of the availablestandards for food articles and food ingredients.Laying down of this scientific based standard is theresponsibility of FSSAI which is to be ascertainedthrough a risk management methodology, ascientifically based process either undertaken underthe aegis of FSSAI or elucidated from theinternationally acclaimed and accredited agenciessuch as CODEX, UN bodies and other country'sbodies such as US FDA, EU food authority etc.

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There is no tool or mechanism which can determinefood safety per se. Food safety is a combination ofregulation of standards and process standards is ascientific measure which is the food authority's dutyto prescribe after conclusively forming a scientificopinion about the same. In the absence of anystandard, needless to say the internationalstandards already known and in vogue will be theparameter. Whereas the process so prescribed by thefood authority through regulations will be compliedwith by the food business operator.

As of now, two rules have been framed by the CentralGovernment in exercise of its powers under Section91 of the FSS Act, 2006 and nine regulations wereframed by the FSSAI under Section 92 read with 93of the FSS Act, 2006. Currently, the following threedraft regulations are on the consultative process:

(a) Food Safety and Standards (Food or HealthSupplements, Nutraceuticals, Foods for SpecialDietary uses, Foods for Special Medical Purposes,Functional Foods, and Novel Foods) Regulations,2015

(b) Food Safety and Standards (Food ProductsStandards and Food Additives) Regulations, 2015

(c) Food Safety and Standards (Packaging andLabelling) Amendment Regulation, 2015

The very requirement of self compliance by the FBOmandates existence of barometers/standards/regulations which can be prescribed only eitherthrough rules or regulation in due compliance of theprocedure prescribed under Section 91, 92, 93 & 94of the Act, 2006. The job of the FSSAI is to monitorcompliances and prosecute a non compliance.Compliance and non-compliance is always abarometric centric. Existence of barometer/standards is a pre requisite for compliance. In anycase, if a procedure and/or standard are notprescribed either under rules or regulations, anyaction undertaken by the FBO cannot be termed asillegal merely because such actions or standards arenot governed under any existing procedures andstandards.

By unduly elaborating and/or arrogating power toitself, FSSAI is making attempts to regulate the sectortaking resort to the statements like human health,food safety without realizing that these are duly

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taken care of by the existing available legislation.Unnatural application of law causes chaos and thatis precisely what had happened in the food sectordue to FSSAI's unfounded and undue concern whichis not in sync of the objective of the statue. The today'supheaval in the food industry and the food marketis the end result of an artificial and unreasonableconcern of FSSAI, who is acting unilaterally withoutgoing through the process of just consultation withvarious stakeholders therefore the remedy lies inproper control, education, deliberations,consultation. The major responsibilities lied with theFBOs who have to take pro active initiative in orderto inculcate a sense of proportion, reasonability,uniformity, predictability in the application of lawby making proactive efforts with involvement ofvarious stakeholders.

Law is never meant to punish anyone, it is meant toachieve a particular objective for the common goodof the citizen to achieve large public interest. Law isgiven by the citizen of the country to govern thecountry. In other words, to govern themselves, ofcourse, by entrusting the duty of governance /regulations either on the Government or aGovernment appointing body. The very idea of lawrests on clarity on the subject and therefore it isexpected that the entrusted regulator will ensure theadministration of the law through element of clarity.Unfortunately however, off let the reverse has becometrue.

Due to complexity propagated by the food authorityunder the new regime, issue such as Maggi,Starbucks, Haldiram etc. are emerging. Lack ofproper understanding of the subject has alsomultiplied the agony in the market.

What was conceived under the statute to facilitatefree flow of food industry, of course, with selfcompliance / regulation has been severely ridiculedthrough a process of extra-cautiousness bypropagating a restrictive / prohibitive mechanismtaking resort to concerns for food safety. Food Safetyis a necessary and obvious concomitant envisagedunder the Act, 2006 with adequate regulatoryframework prescribed to ensure the same. Therefore,novel methodology de-hors the requirements of thestatute propagated at this stage would not only


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amount to an act of legislation but also tinkeringwith the scheme of the Act, 2006.

It is in this perspective, the voice of every citizencounts. It is the responsibility of all and sundry tonot only demand clarity but also be an activeparticipant and contributory to the cause in hand.The practitioner such as Company Secretaries,Chartered Accountants, Lawyers, Food Consultantsetc. who are expected to guide the industry are underobligation to not only understand the scheme of thestatute thoroughly but also propagate the same withequal vigor and zest.

The basic structure and scheme of the FSS Act, 2006is that the established FSSAI is to lay down sciencebased standards for articles of food and therebyregulate the FBOs through the process of licensingand registration. The FBOs are guided by selfcompliance regulation post their licensing andregistration by adopting a process of Food SafetyManagement System (FSMS) thus brings in enormousresponsibilities / duties on the managerial personsassociated with FBOs for the failure of thoseobligations will invite perilous consequences, bothcriminal & civil, such as:

(a) Suspension of business operations;

(b) Necessary corrections of the articles of food;

(c) Corrective advertisements;

(d) Correction of the labeling;

(e) Recall of the articles of food;

(f) Compensation to the Consumers;

(g) Complete closure of the food business;

(h) Criminal prosecution involving imprisonment andheavy penalty etc.

As we all know that the self compliance brings moreresponsibilities and in turn perilous consequences.The nature and quantum for punishment andrestriction is reflected on the same. The presentstatute works both ways. For failure of the FBOs,punishment under the statute is severe. Similarly,for undue harassment by the regulators, similarconsequences are prescribed for them too.

Knowing elements of science in compliance of theregulations plays an important role. Since theregulation involves element of science, law and logic,in days to come the food law is going to be mother ofall regulations of India also for the reasons it affectsthe human life directly. Future brings in enormousscope for the Practitioners for the entire industry willbe looking forward to them to not only be guided butalso a helping hand to guide the regulators.

ATTENTION MEMBERS/STUDENTS

The details of Members Programs like Seminar, Conferences, etc. and soft copies

of NIRC-ICSI Newsletters & Students' programs viz PDP, MSOP, Students

Activities such as viz Moot Court Competitions, Elocution Competition, Essay

writing, Company Law Quiz and Student Conferences are regularly updated on

the NIRC Portal at ICSI website.

To get updated information, Members & Students are requested to visit our

following website regularly

○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○

www.icsi.edu/niro


CAPSULE DIGEST

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– CS Peer Mehboob *



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"There is no pleasure in this or in the other worldequal to the joy of being helpful to those aroundyou"

"Corporate Social Responsibility is the continuingcommitment by business to behave ethically andcontribute to economic development while improvingthe quality of life of the workforce and their familiesas well as of the local community and society at large"

-Lord Holme and Richard Watt

Corporate social responsibility (CSR), also calledCorporate Conscience, Corporate Citizenship, SocialPerformance, or Sustainable Responsible Business/Responsible Business is a form of corporate self-regulation which is further integrated into a businessmodel.

Applicable Provisions: - The provisions that mandatethe applicability of Corporate Social Responsibilityon the corporate are Section 135 of Act, Companies(Corporate Social Responsibility Policy) Rules, 2014,and Schedule VII to the Act. These together lay downthe applicability, the compliances as well as theactivities that can be undertaken as a part ofcompliance to CSR mandate.

Effective date: - Companies (Corporate SocialResponsibility Policy) Rules, 2014 were notified on27.02.2014. However, the CSR provisions areapplicable on companies' w.e.f. financial yearstarting from 01.04.2014.

Mandate for CSR Obligations:- As per Section 135(1)of the Companies Act, 2013, every company(including its holding or subsidiary company and aforeign company having its branch office or projectoffice in India) qualifying the following conditionsduring any financial year, shall have to comply withCSR obligations:

(i) Net Worth of Rs. 500 crore or more;(ii) Turnover of Rs. 1000 crore or more;(iii)A Net Profit of Rs. 5 crore or more.

CORPORATE SOCIAL RESPONSIBILITY; THE NEW GAME CHANGER

- CS Shukla Bansal & CS Reema Jain*

The above mentioned criteria shall be checkedirrespective of the type of company; whether it be apublic limited company or a private limitedcompany, a listed company or an unlisted company.

Such specified criteria to be met "during anyfinancial year" and not "at any time during anyfinancial year".

Constitution of CSR Committee:- In compliance withSection 135(1), every company which meets thecriteria specified shall constitute a Corporate SocialResponsibility Committee of the Board consisting ofthree or more directors, out of which at least onedirector shall be an independent director.

Companies mentioned in Rule 3 shall mandatorilyconstitute a CSR Committee.

Responsibility of CSR Committee: - As set out insub-section (3) of Section 135 of the Companies Act,2013, the CSR Committee shall -

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Type of Company

Unlisted Public Com-pany, or a Private Com-pany not required toappoint an independentdirector

Private Company havingonly two directors

Foreign Companycovered under the saidRules

Requirement

Constitution of CSRCommittee without suchdirector is permitted

Such two directors shallconstitute the CSRCommittee

CSR Committee shallcomprise of at least twopersons one of whomshall be nominated by theForeign Company and thesecond shall be asdefined in Section380(1)(d) of the Compa-nies Act, 2013


(a) and recommend to the Board, a Corporate SocialResponsibility Policy which shall indicate theactivities to be undertaken by the company asspecified in Schedule VII;

(b) Recommend the amount of expenditure to beincurred on the activities referred to in clause (a);and

(c) Monitor the Corporate Social Responsibility Policyof the company from time to time.

Quantum of amount earmarked for CSR :-Every year,at least 2% of the average net Profits of the Companymade during the 3 immediately preceding financialyears.

Provided that the company shall give preference tothe local area and areas around it where it operates,for spending the amount earmarked for CorporateSocial Responsibility activities;

Responsibilities of Board of Directors: - As perSection 135(4) of the Companies Act, 2013, The Boardof every company on whom the CSR provisions areapplicable shall, -

(a) after taking into account the recommendations madeby the Corporate Social Responsibility Committee,approve the Corporate Social Responsibility Policyfor the company and disclose contents of such Policyin its report and also place it on the company'swebsite, if any, in such manner as may be prescribed;and

(b) Ensure that the activities as are included inCorporate Social Responsibility Policy of thecompany are undertaken by the company.

The Board of every such company shall ensure thatthe company spends, in every financial year, at leasttwo per cent of the average net profits of the companymade during the three immediately precedingfinancial years, in pursuance of its Corporate SocialResponsibility Policy.

CSR Activities through a Trust/ Section 8 Company/Society/ Foundation within India

• CSR Activities through Own Trust/ Section 8Company/ Society/ Foundation:-The ContributingCompany may set up a Section 8 company orFoundation or Society or any other form of entity

within India to facilitate implementation of its CSRActivities in accordance with its stated CSR Policy.

• CSR Activities through other's Trust/ Section 8Company/ Society/ Foundation:-First proviso toRule 4(2) specifies that a company may also conduct/ implement its CSR programmes through Trusts/Societies, or Section 8 companies operating in India,which are not set up by the Company itself.Such spends may be included as part of its prescribedCSR spend only if such organizations have anestablished track record of at least three years incarrying on activities in related areas.

• Companies may build CSR capacities of their ownpersonnel as well as those of their implementingagencies: - Companies may build CSR capacities oftheir own personnel as well as those of theirimplementing agencies through institutions withestablished track records of at least three financialyears but such expenditure shall not exceed fivepercent of total CSR expenditure of the company inone financial year. This has been laid down in Rule4(6).

Disclosure requirement

• Contents of the CSR Policy shall have to be includedin the Board's Report and shall have to be dulydisplayed on the website of the company.

• In case of non-spending of at least 2% amount, thesame shall have to be disclosed with reasons in theBoard's Report.

Consequences:-

• No Penalty has been prescribed for failure to spend2% of the net profits on CSR.under the CompaniesAct, 2013.

• However, there are clear penal consequences if acompany fails to set up the CSR committee or fails tocreate a policy etc. Section 134(8) of the Act providesfor such penal provision stating that in case thecompany does not disclose the reasons for notspending at least 2% amount in the Board's report,the company shall be punishable with fine whichshall not be less than fifty thousand rupees but whichmay extend to twenty-five lakh rupees and everyofficer of the company who is in default shall bepunishable with imprisonment for a term which mayextend to three years or with fine which shall not be

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less than fifty thousand rupees but which may extendto five lakh rupees, or with both.

Taxation Aspect: - Vide Finance Act, 2014, CSRspends shall be appropriation to the profit of theCompany. The same is not deductible from thebusiness profits of the entity. 100% tax exemption inCorporate Social Responsibility activities for CleanGanga Fund and Swachh Bharat Kosh has beenannounced under Section 80G of the Income Tax Act,1961. Also, any amount towards the Prime minister'sNational Relief Fund shall also be entitled to 100%exemption under the Income Tax Act.

Activities to be undertaken for CSR as specified inSchedule VII: - While notifying the provisions of theAct, the Ministry had laid down certain activitiesunder Schedule VII. However, in exercise of thepowers conferred by sub-section (1) of Section 467of Companies Act, 2013 (18 of 2013), the CentralGovernment made the following amendments whichare applicable with effect from 01.04.2014, namely-

• Eradicating extreme hunger & poverty

• Promotion of education

• Promoting gender equality and empowering women

• Reducing child mortality and improving maternalhealth

• Combating human immunodeficiency virus,acquired immune deficiency syndrome, malaria andother diseases

• Ensuring environment sustainability

• Employment enhancing vocational skills

• Social business projects

• Contributions to Prime Minister Fund or any otherfund set up by the Central Government or the StateGovernments for socio-economic development andrelief and funds for the welfare of the ScheduledCaste and Schedule Tribe

• such other matters as may be prescribed

Following shall not be consider CSR spends -

• CSR activities for the benefits of employees and theirfamilies only not to be considered as CSR. [Rule 4(5)]

• Contribution to Political party not to be consideredas CSR. [Rule 4(7)]

Disclaimer: Article has been written keeping withthe latest updates that are available from all theregulators and every effort has been made to avoiderrors or omissions. Any mistake, error ordiscrepancy noted may be brought to the notice ofthe author which shall be taken care of. However,the author or her relatives and known are not liablefor any change or mistakes.

CAREER AWARENESS PROGRAMS

NIRC has organised 9 Career Awareness Programs & during the month of June,

2015 in various schools & colleges located in Delhi and surrounding areas. The

students were apprised about the mode of registration in the course, syllabus,

structure of the course and also the avenues available after completion of the

Company Secretaryship Course both in employment and in practice. Pamphlets

of Career in Company Secretaryship Course were distributed to the students.

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HOW TO SET UP YOUR OWN SECRETARIAL FIRM – CS Roopali Shekhawat *


Every couple of months, hundreds of fresherCompany Secretaries step into the competitive arenaof the professional world hoping to make a mark oftheir own. They are often torn between the choice toeither get into a relatively safer environment ofemployment or to take a risk and set up their ownsecretarial firm. As lucrative as it may sound,establishing one's own firm right from the scratch isan uphill task requiring immense commitment, hardwork and focus. The initial stage of laying thefoundation is replete with challenges ranging fromfinancial issues to lack of clientele.

Nevertheless, as is said, there is no reward withoutrisk. Once an individual is able to endure the initialhardships in bringing his firm on the right track, skyis the limit. All one has to do is to keep some importantpoints in consideration while going about it.Mentioned below are few such tips, which if heeded,are certain to turn anybody's dreams of becoming asuccessful practicing Company Secretary into areality. So, with a similar dream, a similar vision,the following are certain must-do's and pre-requisites.

Choosing the right partner

It is advisable to set up a secretarial firm inpartnership so as to capitalize on the benefits ofsynergy. Pooled in resources in terms of finance,knowledge and other important skills are bound tomake the path easier as compared to when troddenalone. But choosing the right partners, who sharemutual trust and have co-ordination in workingstyle, is the most significant aspect in setting up yourown practice. A wrong choice can lead tounnecessary troubles in the future. So, be cautiouswhile selecting a partner. It's like a marriage alliance,to have it running successfully and blissfully, thebest partner is the key ingredient.

Avail every possible opportunity to attain work

In the nascent stage, you can't afford to be selectivewith regard to work. Never say no to any type ofwork assignment, how-so-ever, trivial it may seemto you. Even if you have to begin with obtainingdigital signatures or Permanent Account Numbersof your clients or filing their tax returns for them,just do it. Every one begins with one small step. Don'thesitate in taking yours.

However, one should constantly uphold the dignityand respect that our profession upholds. In pursuitof attaining every possible opportunity for work, donot adopt any such means which are prohibitedunder the Code of Ethics laid down by our Hon'bleInstitute.

Network is Net-Worth - So Socialize

It is essential for you to have a huge formal orinformal circle in order to create a client base.Always make an attempt to socialize with people byattending seminars, conferences, get-togethers andexchange your visiting cards with the ones who youthink are either prospective clients or those who canget you some. Use other social media as well toconnect with people professionally. If you succeedin creating a decent network, there can be no dearthof work. There's one thin line between socializingand soliciting, though, which needs to be identified,understood and put into implementation.

Diversify your portfolio

Just because you hold a Company Secretary Degreedoesn't mean you need to limit yourself to secretarialjobs. Involve yourself with other aspects of a businesssuch as taxation, foreign exchange, labor laws,export-import, litigation etcetera. The more youexpand your ambit the better are your chances toreach new heights in the industry. Unless there is a


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guard created by any statute or regulation, the area ofpractice stands open for us.

Do your best to retain a client

In order to firmly set your foot in the market, you needto become the better alternative than any other firm.You must provide the best services to your client.Make your clients want to come back to you on theirown for availing more services.

Smart marketing not amounting to soliciting

You must be aware of the fact that solicitation ofclients for Practicing Company Secretaries is anoffence which can entail disciplinary action. But it isimpossible to find your space in the market unlessyou market yourself. So, there are some ways to market

your firm such as free listing on Google searchwithout any mention of charges, mouth-to-mouthpublicity, exchanging visiting cards and droppingcourtesy mails etcetera to give a little push to yourfirm.

Setting your own practice is risky but if you get itright, there is nothing better than to have your owncozy office and become your own boss. So, don'thesitate from struggling a little, for struggle leads tosuccess. Though, remember still, and give it an extrathought, before what you speak and what you do, asyou are the representative of your own profession.What you do, What you say, shall be you and shallshall introduce you before every next step and everynext leap.

LIGHTER SIDE OF THE PROFESSION

"What happened to the meeting of the Think - Tank of the company?"

"Sir,they have made the planning and chalked out strategy of the company for whole year"

"But that they had done last year also, what happened?"

"Sir , that is the task of After Thought Tank of the company and not theirs."

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"Paramjeet Singh, you are in the habit of changing the job every year."

"Yes, I find the job boring after a year's time."

"But how come you are continuing with this job for more than four years?"

"Because my Boss is very beautiful and I get a very pleasant feelings when I wish her in the

morning."

—CS PARAMJEET SINGH, [email protected]

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Members may send their contribution for this column at e-mail [email protected] for publication in the NIRCNewsletter-Insight. Decision of the Editorial Board of Newsletter in this regard will be final.


Details of ROC Offices

NAME, ADDRESS AND CONTACT DETAILS OF ROC OFFICES ACROSS INDIA

ANDHRA PRADESH & TELANGANA Sh. N. Krishnamoorty (ROC Hyderabad)

2ND Floor, Corporate Bhawan,

GSI Post, Tattiannaram Nagole, Bandlaguda

Hyderabad - 500 068

Phone: 040-29805427/29803827/29801927

Fax: 040-29803727

[email protected]

ASSAM , MEGHALAYA, MANIPURA, TRIPURA,

MIZORAM, NAGALAND & ARUNACHAL PRADESH Sh. Muktar Singh (Addl. Charge) (ROC

Shillong)

Morello Building ,

Ground Floor

Shillong - 793001

Phone: 0364-2222519

[email protected]

BIHAR & JHARKHAND Sh. U.S Patole (ROC Patna)

Maurya Lok Complex, Block A

Western Wing, 4th Floor,

Dak Banglow Road

Patna - 800001

Phone: 0612-222172

Fax: 0612-222172

[email protected]

CHATTISGARH Sh. R.K. Sahu (ROC cum OL for Bilaspur )

Ist Floor,

Ashok Pingley Bhawan,

Municipal Corporation,

Nehru Chowk, Bilaspur- 495001

Chattisgarh

Phone: (07752)-250092(D),250094

Fax: (07752)- 250093

[email protected]

Sh. Swadhin Barua (ROC Ranchi)

House No-239 , Road No-4

Magistrate Colony, Doranda

Ranchi: 834002, Jharkhand

Phone: 0651-2482811/2480801

DELHI & HARYANA Sh. D. Bandopadhyay(ROC Delhi)

A) 4th Floor, IFCI Tower,

61, Nehru Place,

New Delhi - 110019

Phone: 011-26235707, 26235708, 26235709

Fax: 011-26235702

[email protected]

For Physical Verification Of Documents :

B) Plot No. 6,7 & 8,Basement,

IICA Campus, Sector-5, IMT-Manesar,

Gurgaon, Haryana

Phone : 124-2291520

GOA ,DAMAN & DIU Sh. V. P. Katkar (ROC Goa)

Company Law Bhawan

EDC Comlex, Plot No. 21

Patto, Panaji, Goa-403 001

Phone/Fax(Off) 0832-2438617 / 2438618

[email protected]

GUJARAT Sh. Vijay Khubchandani (ROC Ahmedabad)

ROC Bhavan , Opp Rupal Park Society,

Behind Ankur Bus Stop,

Naranpura, Ahmedabad-380013

Phone: 079-27437597,

Fax 079-27438371

[email protected]


JAMMU AND KASHMIR Sh. O.P. Sharma (AOL (acting ROC cum OL)

J&K)

Hall No.405-408,

South Block, Bahu Plaza,

Rail Head Complex,

Jammu - 180012

Phone: 0191-2470306

Fax: 0191-2470306

[email protected]

KARNATAKA Sh. M. R. Bhat (ROC Banglore)

'E' Wing, 2nd Floor

Kendriya Sadana

Kormangala, Banglore-560034

Phone: 080-25633105 (Direct),

080-25537449/25633104

Fax: 080-25538531

[email protected]

KERALA Sh. A Sehar Ponraj (ROC Ernakulam)

Company Law Bhawan, BMC Road

Thrikkakara

Kochi - 682021

Phone: 0484-2423749/2421489

Fax: 0484-2422327

[email protected]

MADHYA PRADESH Sh. J.N. Tikku (ROC Gwalior )

3rd Floor, 'A' Block, Sanjay Complex

Jayendra Ganj, Gwalior

Phone: 0751-2321907

Fax: 0751-2331853

[email protected]

MAHARASHTRA A) Mumbai

Dr. T. Pandian (ROC Mumbai)

100, Everest,

Marine Drive

Mumbai- 400002.

Phone: 022-22812627/22020295/22846954

Fax: 022-22811977

[email protected]

ORISSA Sh. B. Mishra (ROC Cuttack)

Corporate Bhawan, 3rd Floor,

Plot No. 9 (P), Sector : 1,

CDA, Cuttack : 753014

Phone: 0671-2365361, 2366958, 266952,

Fax: 0671-2305361

[email protected]

B) Smt. Vijaya Khandare

(ROC Pune)

Registrar Of Companies

PMT Building ,

Pune Stock Exchange,

3rd Floor, Deccan Gymkhana,

Pune-411004

Phone: 020-25521376

Fax: 020-25530042

[email protected]

PUDUCHERRY Sh. C. M. Karlmarx (ROC Puducherry)

No. 35 First Floor

Elango Nagar

Puducherry - 605011

Phone: 0413-2240129

[email protected]



CHAPTERS OF NIRC-ICSIAgra, Ajmer, Allahabad, Alwar, Amritsar, Bareilly, Bhilwara, Bikaner, Chandigarh, Dehradun,Faridabad, Ghaziabad, Gurgaon, Jaipur, Jalandhar, Jammu, Jodhpur, Kanpur, Karnal-Panipat,Kota, Lucknow, Ludhiana, Meerut, Modinagar, Noida, Shimla, Sonepat, Srinagar, Udaipur,Varanasi & Yamuna Nagar.

PUNJAB , CHANDIGARH & HIMACHAL PRADESH Sh. Santosh Kumar (ROC Chandigarh and

Shimla)

Corporate bhawan, Plot No.4 B,

Sector 27 B, Madhya Marg,

Chandigarh - 160019

Phone: 0172-2639415,2639416

Fax: 0172-2639416

[email protected]

RAJASTHAN Sh.R.K.Meena (ROC Jaipur)

Corporate Bhawan

G/6-7, Second Floor, Residency Area

Civil Lines, Jaipur-302001

Phone: 0141-2222465,2222466

Fax: 0141-2222464

[email protected]

TAMIL NADU Shri Sridhar Parmarthi

a) Chennai

Block No.6,B Wing 2nd Floor

Shastri Bhawan 26,

Haddows Road,

Chennai - 600034

Phone: 044-28270071

Fax: 044-28234298

[email protected]

b) Coimbatore

Sh. N.Ramanathan (ROC Coimbatore)

Registrar Of Companies

Stock Exchange Building, II-Floor,

683, Trichy Road, Singanallur,

Coimbatore - 641 005

Tamilnadu

Phone: (0422) - 2318170 (D), 2318089, 2319640

Fax: (0422) - 2318089

[email protected]

UTTAR PRADESH & UTTARAKHAND Sh. S.P.Kumar (ROC Kanpur & Nainital)

10/499 B, Allenganj,

Khalasi line

Kanpur-208002

Phone: 0512-2550688

Fax: 0512-2540423

[email protected]

WEST BENGAL Sh. B. Mohanty(ROC Kolkata)

Nizam Palace

2nd MSO Building

2nd Floor, 234/4, A.J.C.B. Road

Kolkata - 700020

Phone: 033-2287 7390

Fax 033-22903795

[email protected]

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Note: The data has been compiled by CS Vishal Soni, Vishal Soni & Associates, Jalandharfrom the website of Ministry Corporate Affairs.


Now a days so many cases are being reported relatingto sexual harassment of women at their work placeand elsewhere. With the growing industrialstructure, women are working in various fields oflife. Some of them are working as doctors as othersare working as pilots in the sky. Some of them arearguing in the Courts and others are best inengineering. So many banks, l ife insurancecompanies and other incorporations, today, arerunning smoothly and efficiently owing to ladiesplaced at good positions. It is now an establishedfact that involvement and participation of womenplays a vibrant role in the progress of any industry.

Now, the question arises, what is meant by sexualharassment. The reply is very simple: "any act orgesture whether directly or by implication, whichaims at or has a tendency to outrage the modesty of afemale employee falls under the general concept ofdefinition of sexual harassment at work place." Inother words, unwelcome sexual advances, requestsfor sexual favors, and other verbal or physicalconduct of a sexual nature, when:-

• submission to such conduct is made either explicitlyor implicitly a term or condition of an individual'semployment,

• submission to or rejection of such conduct by anindividual is used as the basis for employmentdecisions affecting such individual, or

• such conduct has the purpose or effect ofunreasonably interfering with an individual's workperformance or creating an intimidating, hostile oroffensive working environment.

Preventions under Indian Penal Code

There are many sections in Indian penal code whichrepresent the provisions relating to sexual

SEXUAL HARASSMENT AND ITS PREVENTIONS

– CS Bharat Hassani *

harassment. Section 509 of IPC provides: "whoeverintending to insult the modesty of any woman uttersonly word, makes any sound or gesture or exhibitany object, intending that such gesture or object shallbe seen by such woman or intrudes upon the privacyof such woman shall be punished with simpleimprisonment for a term which may extend to oneyear or with a fine or with both." Section 294 of IPCprovides: Whoever, to the annoyance of others:

a) does any obscene act in any public place; or

b) sings, resides or utters any obscene song, ballots orwords in or near any public place

shall be punished with imprisonment of eitherdescription for a term which may extend to threemonths or both. "Section 354 of IPC states, "Assaultor criminal force to woman with intent to outrageher modesty whoever assaults or uses criminal forceto any woman, intending to outrage and knowing itto be likely at he will thereby outrage her modesty,shall be punished with imprisonment of eitherdescription for a term which may extend to two yearsor with fine or with both."

Preventions under The Sexual Harassment of Womenat Workplace (Prevention, Prohibition and Redressal)Act, 2013

The Sexual Harassment of Women at Workplace(Prevention, Prohibition and Redressal) Act, 2013 isa legislative act in India that seeks to protect womenfrom sexual harassment at their place of work. MostIndian employers have not implemented the lawdespite the legal requirement that any workplacewith more than 10 employees need to implement it.The government has threatened to take strict actionagainst employers who fail to comply with this law.

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The salient features of this Act are Constitution ofInternal and local Committees, procedure for filingof complaint by an aggrieved woman, punishmentsand penal provisions, duties and powers of theofficers, etc.

Procedure for Complaint under the Act

1. A complaint of sexual harassment shall be made inwriting to the Internal Committee (constituted byEmployer) or local committee (Constituted by DistrictMagistrate) as the case may be, within three monthsof incident.

2. Committee shall complete enquiry within a periodof 90 days.

3. On completion of enquiry, committee shall forwarda report of its findings to the employer.

4. When allegations are proved, Committee shallrecommend to the employer to take action such aswritten apology, withholding promotion,withholding of increments, termination of servicesetc.

5. Action may be taken against women on false ormalicious compliant.

6. Employer shall within 60 days shall act uponrecommendation of committee.

International Instrument for Preventions

The massage of international instrument such as the"Convention on the Elimination of all forms ofDiscrimination against Woman", 1979 (CEDAW)and the Beijing Declaration which directs all statesparties to take appropriate measures to preventdiscriminations of all forms, against women besidestaking steps to protect the honor and dignity is loudand clear.

The international convention on economic, socialand cultural rights contains several provisionsparticularly important for woman. Article 7recognizes her right to fair condition of work reflects

that women shall not be subjected to sexualharassment at the place of work which may vitiateworking environment. These instruments haveimposed some obligations on Indian states toeliminate the above problems.

Preventive directions by Supreme Court

The Apex court of India has given some directionsand guidelines to combat such problems. They are:

1. Preventive measures should be taken by theemployers by making rules and regulations insituations, when cases of sexual harassment towomen occur in the form of dismissal of suchemployers or any employee, against whom suchcomplaint is found in reality.

2. The court has also ordered for setting up ofcomplaints committees in which not less than halfof the members should be women. Non-Governmental Organisations can play an importantrole in this respect.

3. Rules and regulations relating to prohibitions ofsexual harassment should also be included in codeof conduct for employees and disciplinary actionshould also be taken immediately against defaulters.

4. In case any complaints are received from womenregarding sexual harassment, exemplarypunishment and penalties should also be imposedupon the alleged person.

Although many guidelines and directives have beenissued by various bodies, the only way this menaceof sexual harassment towards women at work placescan be curbed is if male colleagues understand theirresponsibilities towards their female counterpartsand give them the respect they deserve. If each andevery individual takes it upon himself or herself toensure the safety of females, then adherence to suchguidelines will come naturally to everyone.

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We all know the popular saying "Health is Wealth".By Health we do not mean the absence of physicaltroubles only. But it is a state of complete physical,mental and social well being. The loss of health isloss of all happiness.

Mahatma Gandhi had said "It is health which is realwealth and not pieces of gold and silver". Fitness atworkplace is the latest mantra in the corporate world.Sitting down all day long is the worst thing to yourhealth as it increases the likelihood of heart diseasesand weight gain- among other ills. As everybodyknows if we don't work out our muscles get flaccid.What most people don't realize is that their brainalso stays in a better shape when they exercise.Companies have realized that regular exercise booststhe morale of their employees, apart from enhancingtheir productivity, and reducing depression amongthem.

Nowadays, corporate employees not only stretchthemselves beyond their responsibilities, but alsostretch their muscles in order to stay fit whileperforming their desk job. Most people sit for morethan nine hours a day at their "Magnetic Office Chair".

While some people know they should exercise, theymay not know where to start from or how to stay fitin a busy schedule. Sometimes the problem isn't thelack of motivation - it's simply about finding time.

We sit down in the office, then we sit in the car andonce we reach home, we sit to eat and watch TV!

So the next question that arises now is What To Do????

Small changes, practiced consistently over a longperiod of time can actually help you in staying fitwhile working at your work place. A little bit ofplanning and a few addition in one's office routinecan help you achieve a healthier lifestyle.

STAYING FIT WAS NEVER SO EASY…..

– CS Nritigya Gupta *

Here are some easy everyday things you can do toget healthy and fit while at your workplace:

• Stay Hydrated: Keep a reusable water bottle right atthe corner of your desk and download an app inyour smart phone to check your water counts suchas "water your body". Drinking water will keep youfuller and less tempted to snacks.

• Tap your Feet: This is an exercise which you can dowithout getting up. Just place your feet on the floorand start tapping them quickly as if you are runningon the spot. This will improve your blood circulation.

• Split an entrée with friend: This will automaticallycut your portion in a half and limit the calories fromyour meal.

• Switch to Green Tea: Forget the Coffee vendingmachine and grab a mug of herbal tea for yourself.

• We all have heard the benefits of walking down thestairs instead of the elevator. Well, everything youheard is true!

• Forget the Phone and Email: Not always practical,but try to visit your colleagues in person, once in awhile.

• Walk and talk: Do walk while you are talking on thephone, it would help you to burn your calories.

• Take Hourly Breaks: Every hour, try to get up fromyour Magnetic Chair and take a tour to your officehallway.

• Park your Car far from the entrance so that you walkan extra mile.

• Take a longer, roundabout to your desk.

• Remove all the temptations from your office drawerssuch as Chocolates and munch on some nuts.

• Use Public Transport: Instead of your fancy cars,sometimes it's good to experience the hustle in thepublic transport, as it helps you to burn many

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calories while you are standing and looking for aseat.

• Participate in office games: Office games such astable tennis or basket ball are an interesting way tokeep yourself healthy and fit.

• Dance or do aerobics: Join a dance class instead ofwasting time chatting with your friends on the phoneas it would not only help you to have a great bodybut would also give you some time to spend withyour "special one" as your dance partner.

• Changing postures: Sitting whole day in the officelike a "statue" may cause some serious eye openingdiseases, so change your sitting postures after every40 minutes or so.

Money can't buy happiness. Happiness is pricelessand does not depend upon the wealth of a person.

Good health, however contributes to the emotionalwell being and happiness of a person. Taking careof your body is a powerful first step towards yourmental and emotional health. The mind and the bodyare linked. When you improve your physical health,you will automatically experience greater mentaland emotional well being. The best suggestion andthe most simple on this front is to never put yourhealth on stake for anything in this whole universe.

As we all know, "The greatest Wealth is Health".Even with limited income, a person with a soundhealth can enjoy life to the fullest. It is very necessaryto earn money for fulfilling our basic needs however,it is also necessary to live a healthy and peaceful lifefor which good health is a pre-requisite.

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EXTENSION IN THE LAST DATE FOR PAYMENT OF ANNUAL MEMBERSHIPAND CERTIFICATE OF PRACTICE FEE FOR THE YEAR 2015-16

The annual membership and certificate of practice fee for the year 2015-16 became due forpayment w.e.f. 1st April, 2015. The last date for payment of fee was 30th June, 2015 which hasnow been extended upto 31st August, 2015. For details visit: www.icsi.edu

For queries, if any, the members may please write to Mr. Saurabh Bansal, Asstt. EducationOfficer at e-mail id [email protected]

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