Unit 14
Unit 14
Objectives
When you have studied this unit, you will be able to:
Structure
14.1 Introduction
14.2 Meaning and Evolution of CSR
14.3 Evolution of CSR Legislation in India
14.4 Benefits and Drivers of CSR
14.5 Ethics in the Context of CSR
14.6 Ethical Views or Theories
14.7 Case Study: Tata Motors Limited and CSR
14.8 Summary
14.9 Keywords
14.10 Self Assessment Exercises
14.11 References /Further Readings
14.1 INTRODUCTION
You may be aware that ethics denote the concepts of right and wrong
behaviour in general. In business or corporate terms, ethics is a form of
professional behaviour, existing organizational standards, principles, sets of
values and norms. In the context of corporate social responsibility (CSR), an
ethical business must act responsibly for the betterment of the social system
in which it operates even at the cost of profits or other goals of the business.
The CSR is an attempt to supplement the government’s efforts of equitably
delivering the benefits of growth and to engage the corporate sector in
inclusive and sustainable development.
Usually the corporate ethics and CSR originates from:
a. Individuals 281
Organisational b. Organizational statements, and
Processes
c. Legal obligations.
At the individual and organizational levels, the CSR is not a novel concept
for Indian companies, as several of them have been practicing CSR
voluntarily in the form of Philanthropy. However, with the enactment of the
Companies Act, 2013 the mandate for CSR has been formally introduced to
the Indian companies as a legal obligation. Now the corporate sector has
accepted the CSR as one of the core functions of management and
implementing the CSR programmes across the Indian and multinational
companies - both in public and private sectors.
Keeping this in view, this unit will consider the meaning, evolution,
legislation, benefits and drivers of CSR, ethics and ethical views / theories
vis-a-vis CSR.
Following are some definitions which reflect the evolution of CSR over the
decades:
Thus, the concept of CSR has evolved beyond the economic component over
the years to encompass employees’ satisfaction, work safety, community,
environment, responsibility, responsiveness, social, ethical, voluntary and
legal obligation aspects. This evolution accepted the fact that CSR involves
cost which may not give any direct or measurable economic returns.
The Companies Act 2013 and CSR guidelines under the act are briefly
summarised below for your comprehension.
The Act: The inclusion of the CSR mandate under the Companies Act, 2013
is an attempt to supplement the government’s efforts of equitably delivering
the benefits of growth and to engage the Corporate World with the country’s
development agenda. The Companies in India are governed by Clause 135 of
the Companies Act 2013 for performing their CSR activities.
Section 135: Section 135 of the Companies Act 2013 lays down that:
• The companies with an annual turnover of 1,000 crore INR and more, or
a net worth of Rs. 500 crore and more, or a net profit of Rs. 5 crore and 285
Organisational more shall constitute a CSR Committee of the Board consisting of 3 or
Processes
more directors of which one will be an independent director.
• The CSR Committee will be responsible to:
i. formulate and recommend to the Board, a CSR Policy which shall
indicate the activities to be undertaken by the company as specified in
Schedule VII;
ii. recommend the amount of expenditure to be incurred on the activities
referred above; and
iii. monitor the CSR policy of the company from time to time.
• The Board of every company shall
i. after taking into account the recommendations made by the CSR
Committee, approve the CSR Policy for the company and disclose
contents of such Policy in its report and place it on the company’s
website, if any, in such manner as may be prescribed; and
ii. ensure that the activities as are included in CSR Policy of the company
are undertaken by the company.
• It is also the duty of the Board to ensure that the company spends two
percent of the average net profits made by the company in the preceding
three financial years and while spending the CSR amount, giving
preference to local areas where it operates.
• If the company fails to spend the amount, the Board in its report shall
specify the reasons for not spending the same.
Though section 135 makes CSR spending and reporting mandatory, it gives
flexibility to the companies to choose the CSR activities from the list of
activities that the corporate can potentially undertake.
The CSR Rules, 2014 A set of rules framed under section 135 of the Act,
came into force on 1st April, 2014. It lays down rule for the following:
CSR Activities
• The CSR activities taken up by the companies will be as per the stated
CSR policy and activities taken up by the company under its normal
course of business will be excluded from CSR activities.
• A company can implement the CSR activities approved by the CSR
committee either on its own or through a non-profit foundation set up by
the company to facilitate this initiative or through an independently
registered non-profit organization that has a record of being into such
activities for at least three years or in collaboration with other
companies.
• The activities undertaken in India will only be considered under the CSR
activities.
• Spending on activities that benefit only the employees of the company,
also known as self-serving expenditure will not be considered as CSR
286 spending.
• The companies are free to spend on capacity building of their employees Corporate Social
Responsibility and
but the expenditure should not be more than 5 percent of the total CSR Ethics
expenditure in any particular year.
• Contribution to political parties will also not be considered as CSR
activity.
• The income generated from the CSR activities should be credited back to
the community or CSR corpus and this would be over and above the
mandatory 2% of profit.
CSR Committee
• The companies which are bound by the CSR clause are required to
constitute a CSR committee of the Board consisting of 3 or more
directors of which one will be an independent director.
• A private company with only two directors on its Board will have
only two directors in the CSR Committee and in case of foreign
company, the Committee will have at least two persons of which
one will be an authorized person residing in India and the other will
be nominated by the foreign company.
CSR Policy
• The CSR policy of a company will include:
o List of projects or programmes within the Schedule VII of the Act
which the company will undertake, along with the implementation
schedules and other modalities.
o Monitoring process of these programmes.
• The policy will also specify that the surplus generated from the CSR
programmes will not be a part of the business profit of the company.
CSR Expenditure
• All expenses including contribution to the corpus for programmes
relating to CSR activities approved by the board will be included as CSR
activities provided, they are in conformity with the activities which fall
within the purview of Schedule VII of the Act.
• The rules also provide a format for the board report on CSR which
includes reasons for spending of less than 2 % of the average net profits
of previous three years and a responsibility statement stating that the
company’s CSR policy, implementation and monitoring mechanism are
in accordance with the CSR objectives. The report is signed by the CEO,
MD, or Director of the company.
Schedule VII The Schedule VII of the Companies Act provides a list of 287
Organisational activities which can be included by companies in their CSR policies where
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the CSR spending can be done. These activities relate to:
Drivers of CSR
According to the KPMG (2011) survey, the top ten drivers motivating the
corporations to engage in CSR are:
1. Economic considerations
2. Ethical considerations
3. Innovation and learning
4. Employee motivation
5. Risk management or risk reduction
6. Access to capital or increased shareholder value
7. Reputation or brand
8. Market position or share
9. Strengthened supplier relationships
10. Cost saving
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Organisational …………………………………………………………………………………
Processes
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1. Personal ethics
2. Professional ethics
3. Organisational ethics
Personal Ethics
Individuals working in corporate sector will have their own personal views
on what is right or wrong. When we discuss different ethical theories below,
we are likely to be drawn to one or more of these more strongly than others.
We can see this within corporate sector, many employees might find
spending on CSR morally acceptable, whereas few others do not. Despite our
personal ethical views on CSR sometimes we need to abide by other ethical
codes, which may differ from our personal ethics.
Professional Ethics
Professional ethics are those accepted codes of practice held by a particular
group of people or professions. For example, doctors swear an oath on
joining their profession, which can be interpreted as the ethical or moral
principles by which the practice of their profession is governed across the
country. Unlike doctors, management professionals have no universal and
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enforceable code of conduct. However, individual companies may write and Corporate Social
Responsibility and
enforce managerial ethics / corporate codes / value statements. These are a set Ethics
of principles and rules dictated usually by upper management that define
what is right and what is wrong in an organization. It is the guideline that
helps direct a lower manager's decisions in the scope of CSR job when a
conflict of values is presented. These set out the ethical view of the
profession and should overtake any personal ethical viewpoints if they
conflict with these statements while taking up CSR activities.
Organisational Ethics
Some organisations or companies may also have ethical or moral principles.
Sometimes these might be referred to as organisational ‘values’ or social
responsibilities. For some companies, these can be very important if these are
part of what makes them unique or different to other companies offering
similar services. For example, Tata Motors’ CSR Mission states that “To be a
responsible corporate citizen by driving inclusive growth with social equity,
strengthening sustainable development and an active participant in nation
building process”. The CSR at Tata Motors is underpinned by ‘More from
Less for More’ ethical philosophy which implies striving to achieve greater
impacts, outcomes and outputs from CSR projects and programmes by
judicious investment and utilization of financial and human resources,
engaging in like-minded stakeholder partnerships for higher outreach
benefitting more lives. Tata Motors would expect their employees to support
organisational ethical views, regardless of their personal ethical perspectives
related to CSR.
Before we proceed, please complete activities 3 & 4.
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Organisational
Processes
Activity 4 (Review): Browse the website of any corporate company having
an ethical business policy. Write your findings on the following:
(d) Actions to improve business ethics (e.g. standards, social audit etc)
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Contractarian View
The key principle of this view is: ‘Morality is based on agreement’
This view suggests that being moral is in your own self business interest and
agreements. By showing consideration for the CSR developmental activities,
we are really behaving in a way that is for our own business sake. Part of
these arguments suggest that only corporate companies are truly able to make
business contracts, and as poor communities cannot, then corporate
companies only need to treat poor communities effectively. This moral
position suggests that using social system resources for business benefit and
vice versa is acceptable. (Box).
John Stuart Mill’s contributed greatly to this view of ethics. He said that
“actions are right in proportion as they tend to promote happiness, wrong as
they tend to produce the reverse of happiness”. This theory belongs to a
general category called utilitarianism. At its core, this theory underscores the
importance of utility. Every action is based on a particular goal and
outcomes.
The aim of this view is to maximise the benefits to the community and to
always attempt to bring about the best possible consequences from our
business actions, taking into account all those affected by the decision.
Utilitarianism holds that the most ethical choice is the one that will produce
the greatest good for the greatest number. It is also the most common
approach to moral reasoning used in business because of the way in which it
accounts for costs and benefits. However, because we cannot predict the
future, it’s difficult to know with certainty whether the consequences of our
294 actions will be good or bad. This is one of the limitations of utilitarianism.
The Uniliver’s CSR programme is an example of how utilitarianism can be Corporate Social
Responsibility and
applied (Box). Ethics
Deontology View
The key principle of this view is: “morality of an action should be based on
whether the action itself is right or wrong under a series of rules, rather than
based on the consequences of the action”.
This philosophical position believes that you cannot justify an immoral action
by showing that it produced good consequences (whereas consequentialism
would argue there is no such thing as a moral or immoral action). Thus,
people have a duty to act according to the rights and wrongs of the act,
regardless of the consequences. This view is most famously associated with
the 18th Century philosopher Immanuel Kant. In comparison to
Consequentialists who would consider what things are good and then identify
the right actions to achieve that, Deontologists would first consider the right
actions and then proceed from there.
The India’s CSR policy is summarised from Utilitarian and Deontology View
Points in Box.
Utilitarianism /
Consequentialism
Deontology
14.8 SUMMARY
In this unit we discussed the concept and development of different facets of
CSR over the decades. We also discussed the evolution of CSR legislation in
India, national voluntary guidelines, how the CSR was made mandatory
under The Companies Act 2013, benefits and drivers of CSR. In the second
part of the unit we discussed the concept of ethics in the context of CSR vis-
a-vis personal, professional and organisational ethics. Later we discussed the
300 three major ethical views or theories viz., contractarian, utilitarianism /
consequentialism and deontology views. At the end we discussed the CSR Corporate Social
Responsibility and
case study of Tata Motors Limited. Ethics
14.9 KEYWORDS
Contractarianism: The view that ethical obligations come about from
mutual agreements or contracts between people.
Schedule VII: The Schedule VII of the Companies Act provides a list of
activities which can be included by companies in their CSR policies where
the CSR spending can be done.
The Companies Act 2013: The act mandated the CSR which is an attempt
to supplement the government’s efforts of equitably delivering the benefits of
growth and to engage the corporate world with the country’s development
agenda.
Triple Bottom Line: The triple-bottom-line (TBL) is a framework that
recommends that companies commit to focus on social and environmental
concerns along with profits. The TBL posits that instead of one bottom line,
there should be three: profit, people, and the planet.
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Organisational 4. Discuss the salient features of The Companies Act 2013 and CSR
Processes
guidelines.
5. What do you understand by the terms single bottom line and triple
bottom line approaches of companies related to CSR?
6. Write any one definition of CSR.
7. Name the components of CSR that have evolved over the years.
8. Write the purpose of Clause 135 of the Companies Act 2013.
9. Write any five drivers motivating the corporations to engage in CSR.
10. What is meant by ethics?
11. Why understanding ethics is important in dealing with business?
12. Write briefly the meaning of the following:
a) Personal Ethics:
b) Professional Ethics:
c) Organisational Ethics:
13. Write the key ethical principle in the following views / theories:
a. Contractarian view
b. Utilitarian view
c. Deontology view
14. How the Contractarian view differ from the Utilitarian view?
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