would encompass the entire health care area, including the treatment of
diseases etc."
77.
On 28th March, 2014, the Ministry of Corporate Affairs filed an
affidavit clarifying the scope of the term "normal course of business" used in
Rules 4 and 6 of the Companies (Corporate Social Responsibility Policy)
Rules, 2014, by giving the following example:"....a pharmaceutical company donating medicines/drugs within section 135
read with Schedule VII to the Act is a CSR Activity, as the same is not an
activity undertaken in pursuance of its normal course of business which is
relatable to health care or any other entry in Schedule VII."
78.
This Affidavit clarifies that an activity carried out by a Company
covered under Schedule VII which is a part of its core business, if not done
with a profit motive, amounts to a CSR Activity. The aforesaid letter and
affidavit of Ministry of Corporate Affairs are taken on record and accepted
by this Court. Government of India is held bound by the same.
GOVERNMENTS WOULD BE WELL
EXPANDING THEIR HEALTH BUDGET
79.
ADVISED
TO
CONSIDER
It is unfortunate that even after sixty-six years of independence,
universal medical healthcare is still a distinct dream.
Even today,
economically weaker sections of the society do not have access to free
medical treatment. But one need not be despondent. Only on 26 th August,
2009, the Parliament passed The Right of Children to Free and Compulsory
Education Act, 2009 which provides for free and compulsory education to
all children of the age of six to fourteen years.
W.P.(C) 7279/2013
Page 37 of 41
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