In a first, 'Vande Mataram' to be sung from ramparts of historic Red Fort (See 'Corp Brief') National Handloom Designers' Conclave showcases Design-Led Innovation (See 'Corp Brief') A&C - Award is patently illegal and liable to be set aside if it ignores vital evidence, applies circular logic, or blocks party from presenting its case: HC (See 'Legal Desk') PM-YASASVI Scheme implementation in Maharashtra reviewed Regularly: Govt (See 'Corp Brief') PBPT - Routing of funds through company to appellant squarely attracts Section 2(9)(A) of the Act as property stood in name of benamidar while consideration emanated from beneficial owner: SAFEMA Tribunal (See 'Legal Desk') MoS calls for greater Private Sector Participation in Biotechnology Ecosystem (See 'Corp Brief') IBC - Right of Personal Guarantor to invoke insolvency provisions of Sec 94 of IBC is statutory right that cannot be extinguished merely because Financial Creditor has initiated recovery proceedings under SARFAESI: NCLT (See 'Legal Desk') Empowering Nari Shakti: 1 crore houses allotted to women (See 'Corp Brief') MoS dedicates to nation first-of-its-kind 'Eco-Educational Hub' (See 'Corp Brief') NI Act - Moratorium protects corporate debtor in respect of insolvency proceedings, but does not grant immunity to natural persons from criminal liability already incurred on account of cheque dishonour: HC (See 'Legal Desk') XI BRICS Culture Ministers' meeting concludes in Bhopal (See 'Corp Brief') A&C - If prima facie arbitration agreement exists and non-signatories have shown conduct aligning with contract, referral court should allow arbitrator to finalize list of parties based on detailed evidence: HC (See 'Legal Desk') Railways approves introduction of Daily Itarsi-Madan Mahal Passenger Service (See 'Corp Brief') A&C - Arbitral award is patently illegal if it is rendered in summary manner without allowing parties to lead evidence or be heard on critical pleadings: HC (See 'Legal Desk') 13th BRICS Education Ministers' meeting concludes with Declaration (See 'Corp Brief') IEPFA organises Stakeholder Engagement with Nodal Officers of Companies on Portal 2.0 (See 'Corp Brief') SARFAESI - Any tenancy created after issuance of notice u/s 13(2) without prior written consent of secured creditor, is void ab initio: HC National Handloom Day celebrates Tribal Weaves of India (See 'Corp Brief') SECL leads India in Scientific Mine Closure, Transforming abandoned Mines (See 'Corp Brief') IBC - RBI prudential norms stopping banks from recognising interest income on NPA accounts do not wipe out borrower's obligation to accrue & recognise interest expense in its own financial statements: NCLAT (See 'Legal Desk') Sowa-Rigpa must emerge as Globally Recognised Evidence-Based Healthcare System: Jadhav (See 'Corp Brief') Insurance Division, DFS secures 3rd Rank in Group A Category of Grievance Redressal (See 'Corp Brief') IPR - Registration of defendant's trademark does not bar passing off action where plaintiff establishes prior goodwill, misrepresentation and likely damage: HC (See 'Legal Desk') IndiaAI Mission organised AIKosh Univ Engagement Programme at Chitkara Univ (See 'Corp Brief') A&C - In international commercial arbitration seated in India, ground of ‘patent illegality' u/s 34(2A) is expressly excluded: HC (See 'Legal Desk') Comprehensive measures taken to boost digital infrastructure & cyber security: Jitin Prasada (See 'Corp Brief') Misc - A minor admitted to benefits of partnership firm is not personally liable for debts or liabilities incurred by firm during age of minority - ergo, bank communication declaring minor as wilful defaulter is invalid: HC (See 'Legal Desk') IPC showcases India's Regulatory Excellence at WHO Meeting in Nepal (See 'Corp Brief') Companies Act - Solely because a private bank carries on banking operations as scheduled bank or is bound to follow regulatory guidelines issued by the RBI, it does not acquires character of a statutory body: HC (See 'Legal Desk') GI & Beyond 2.0 Summit showcases India's GI-tagged Handloom and Handicraft Products (See 'Corp Brief') IPR - Test for 'efficacy' u/s 3(d) of Patents Act is not limited to 'therapeutic efficacy' for all substances: HC (See 'Legal Desk') CCI approves combination of many entities into InterGlobe Hotels (See 'Corp Brief') IPR - U/s 9(1)(a) of Trade Marks Act, correct legal test is whether applied mark possesses 'distinctive character', means if it is capable of distinguishing applicant's goods from those of others - YES: HC (See 'Legal Desk') House Panel deliberates on strengthening Human-Wildlife Conflict Mitigation through Technology (See 'Corp Brief') IBC - Private bank's commercial decision on debt assignment or settlement, even if regulated by RBI norms, remains private banking transaction and does not satisfy function test for writ maintainability: HC (See 'Legal Desk') PM-PRANAM Promotes Balanced Use of Fertilizer, Organic Farming (See 'Corp Brief') IPR - In absence of evidence showing acquired distinctiveness or secondary meaning, descriptive mark could not validly remain on Register: HC (See 'Legal Desk') On International Clouded Leopard Day, India strengthens Conservation through Dedicated Action Plan (See 'Corp Brief') Limitation - Single Judge rightly declined to exercise writ jurisdiction in a matter which essentially involves contractual obligations & involves disputed issues of fact: HC (See 'Legal Desk') Tete-a-tete around AI in banking sector often begins with algorithms (See CORP EINSICHT)

NGRBC and its business principles

Published: Apr 18, 2019

Every business is set up with a motive of earning profit. But apart from earning profit, every business should contribute for betterment of the society. No business runs in isolation. It takes resources from society and after processing those resources, creates new goods and services. These new goods and services are supplied in society for consumption by others and for earning profit. In this way business is interlinked and connected with society in which it exists. There are many issues and challenges before the Country. The Businesses can help in furtherance of objectives like no poverty, zero hunger, quality education, gender equality, clean water and sanitation etc.

Our Prime Minister Shri Narendra Modi righty said that "Responsible Business Conduct is a globally recognized concept founded on the idea that businesses can perform better when engaged in re-vitalizing the society from which they extract resources for production."

With an idea to insist businessmen to contribute towards development of society National Voluntary Guidelines on Social, Environmental & Economic Responsibilities of Business, 2011 was formed. Later on National Guidelines on Responsible Business Conduct, 2018 (NGRBC) was formed in replacement of guidelines 2011. These guidelines are to be followed by all the types of businesses irrespective of their sector, size, location etc. It is expected that even foreign multinational corporations (MNCs) who are operating in India should follow these guidelines.

In case of companies, the board of directors is responsible for ensuring compliance with NGRBC and in case of firms, proprietorship and other types of business their owners are responsible for ensuring compliance. NGRBC is designed in such a way that it consists of two chapters with an expanded set of annexures. The annexures provide a detailed practical guidance to businesses for implementation of these guidelines.

Guidance for adoption and implementation of the Principles is given in Annexure 1 of the Guidelines. As Micro, Small and Medium Enterprises (MSMEs) plays a very important role, the business case for adoption of NGRBC by the MSMEs is given in Annexure 2. For reporting of actions taken by businesses vis-à-vis the Principles, an updated Business Responsibility Reporting Framework (BRRF) is given in NGRBC. NGRBC also have useful references and resources to assist businessmen in their implementation efforts.

Lets us elaborate the principles discussed in NGRBC-

Principle 1 - Govern business with integrity and in ethical manner.

This principle believes that since businesses are integral part of society, they should hold themselves accountable for actions and works done by them and make disclosures of their performance.

The Governance Structure of any business entity should be such that it enables access to information about the policies, procedures, performance (financial and non-financial) to those who are directly and indirectly affected by it.

The governance structure should meet all statutory obligations in accordance with the law. All stakeholders should be treated in an equitable manner. It must enable fair competition. The governance structure should work in such manner that it avoids illegal and abusive practices and should ensure timely and fair action in case any loophole is detected. Business must make timely payment of all applicable taxes and fees.

Principle 2 - Goods and services provided should be sustainable and safe

The business entities must give importance to safety of product and resource-efficiency in the design and manufacture of product and should try to reduce its adverse impact on the environment and society. It is also duty of business entities to provide adequate information about environmental and social issues linked with business and their impact across product life cycle from design to disposal.

Principle 3 - Well - being of employees working with organization

Well-being of an employee includes the well being of his/her family also. The governance structure should ensure timely compliance with all regulatory and statutory requirements related with employees. It can be pertaining to timely payment of group medical insurance premium or employer contribution towards provident fund etc. Businesses must pay fair wages to meet basic needs and economic security of all employees, including casual and contract labour. Workplace should be friendly, safe and hygienic. Businesses should provide equal and non-discriminatory access to learning opportunities to all its employees. All the employees should get equal growth opportunities.

Principle 4 - Respect for and responsiveness to all stakeholders involved with organization as supplier, creditor, shareholder, consumer etc

Businesses should take care of the interests of all Stakeholders. Their interest should be protected. Businesses should develop a mechanism and commit to resolve differences and redressing grievances in a just, fair and constructive manner with stakeholders.

Principle 5 - Respect and Promote Human Rights at all level

Human rights are inherent to all human beings. Constitution of India also talks about human rights. Business structure should be such that it makes employees aware of human rights.

Business policies and procedures should demonstrate respect for the human rights of all stakeholders connected with business. The business should ensure timely corrective actions if any human right of any stakeholder is at risk or is adversely affected.

Principle 6 - Protection of Environment

For sustainable economic growth and for the well-being of society, it is important to protect our environment from all kinds of pollution and hazardous products. Issues of pollution, bio diversity conservation,sustainable use of natural resources and climate change, should be dealt by businesses in a comprehensive and systematic manner.

Businesses should always try to minimize and mitigate its adverse impacts on environment. Businesses should encourage reuse, recycling and recovery of material and resources.

Principle 7 - Businesses, when engaging in influencing public and regulatory policy, should do so in a manner that is responsible and transparent

Business policy should promote fair competition and respect for human rights. The Principle recognizes the legitimacy of businesses to engage with governments for redressal of a grievance or for influencing public policy.

Principle 8: Businesses should promote inclusive growth and equitable development.

The Principle encourages businesses to innovate and contribute to the overall development of the country. Businesses should take appropriate action to minimize and mitigate its negative impacts on society. While designing and implementing CSR Programmes, businesses should consider national and local development priorities and understand the needs and concerns of local communities,particularly vulnerable and marginalized groups.

Principle 9: Businesses should engage with and provide value to their consumersin a responsible manner.

Every business entity should try to minimize adverse impact of its goods and services, if any, on consumers, environment and society. Businesses should not restrict the freedom of choice and free competition. Businesses should disclose all important information regarding products accurately. Businesses should manage consumer data in away that does not infringe upon their right to privacy.

Adoption Process

The ideal process that businesses may follow to adopt the NGRBC and integrate them with the core business is as follows:

The business must identify Core Elements that are a priority keeping in mind its own mission and values. Businesses should analyse external and internal factors to determine the environment and social issues that are of high concern to its stakeholders. The Core Elements that align with these issues must be treated as high priority. Business should know the specific laws applicable to it. All the prioritized Core Elements must then be integrated into core business strategy, while complying with the law of the country.

Conclusion:

Each Principle given in NGRBC is accompanied by a set of requirements and actions that are essential to the operationalization of the Principle and are referred as the Core Elements. The Principles are interrelated, non-divisible and interdependent and businesses are expected to address them holistically.

(The views expressed are strictly personal.)

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