SOAS Research Online

Abstract

This thesis compares the legal aspects of public enterprise In India and Tanzania, with references to the United Kingdom. It considers the politico-economic philosophy adopted and practised by each country and the role of public enterprise in the pursuance of this philosophy. The study relates to statutory and public corporations and government companies under the Indian Companies Act and the Tanganyika Companies Ordinance, respectively. The composition, functions and powers of the boards of management are examined and the present methods of control in form and content are reviewed. The thesis also examines the relative role of statutory controls, direct controls by the Government, and Indirect controls through public agencies. It considers the relationships of the boards of corporations and government companies with Ministers, and considers the various pressures which have been brought to bear upon these Institutions. It examines the methods which have been Inwoked to establish the accountability of the public enterprises to Parliament. It has tried to strike a sensible balance between the need for autonomy and the need for effective public control. The emphasis of the thesis has been on ministerial control as well as on Parliamentary control. The question of audit by the Comptroller and Auditor-General and the working of a Parliamentary Committee has also been discussed. Although the Statutes and Orders creating statutory and public corporations in both countries reveal that the principle of direct representation of workers has been completely ignored, this thesis finds it relevant to discuss the idea of workers' participation in management in the light of present economic conditions. It examines the nature and extent of workers' participation in management, however popular as a philosophical value in the public sector. Its applicability ought to depend on the objective conditions of an individual enterprise. The thesis concludes that. In order to maintain and improve the public enterprise. It will be necessary to clarify the fundamental principles of the Institution. It also makes a comparative analysis between Indian and the Tanzanian public enterprises. It suggests that legislation should clarify the legal relationship between the Boards, Ministers and Parliament.