This document provides information about public corporations in India. It defines a public corporation as a corporation created by the government for political purposes and having subordinate and local powers of legislation. Public corporations are hybrid organizations that show characteristics of both government departments and private businesses. They are created by statutes to achieve economic and social objectives. Public corporations operate with administrative and financial autonomy but remain accountable to the government and judiciary. They are subject to various forms of control including parliamentary, governmental, judicial and public control.
This document provides an overview of administrative law in India. It defines administrative law and discusses the growth of administrative law due to changes in the role of the state, an inadequate judicial system and legislative process, and the need for experimentation and preventative measures. It also covers delegated legislation and the methods by which power is delegated from the legislature to administrative authorities, including the power to fill in details, include/exclude entities, impose taxes, modify statutes, and bring acts into operation. Criticisms of delegated legislation focus on the wide powers given and lack of effective control.
1. A public corporation is a hybrid organization with some features of government departments and some features of private businesses, operating outside regular government frameworks.
2. Public corporations are semi-autonomous bodies primarily concerned with managing commercial and industrial enterprises and public utilities not directly run by the government.
3. Key features include being created by statute, wholly owned by the state, having separate legal identity, autonomy in finance and management, and exemption from many regulations on government spending.
Administrative law is one of the important subject of law. It is very complicated topic . Here i provide you a Basic note of Administrative that will be helpful to your law entrance examination.
This document discusses administrative law and delegated legislation. It defines administrative law and outlines its key aspects, including the powers of administrative authorities, limits on those powers, required procedures, and judicial oversight. It then explains reasons for the growth of administrative law and delegated legislation, such as the expanding role of the state, inadequate judicial and legislative systems, and the need for flexibility and experimentation. It also summarizes principles of administrative law like natural justice, permissible vs. impermissible delegations of power, and conditional legislation.
Article 12: State (Definition of State)Shivam Goel
The document discusses definitions of key terms like "State", "local authorities", and "statutory bodies" under Indian law.
It provides that under the Indian Constitution, "State" includes central and state governments, legislatures, local authorities and other authorities under government control. High Courts can issue writs not only against statutory authorities but also private bodies performing public functions.
Several tests are discussed to determine if a body amounts to "State" including whether it is financially, functionally and administratively dominated by the government with deep and pervasive control. Statutory bodies and local authorities exercising public functions with government supervision are generally considered part of the "State".
A public corporation is a company created by the government through special legislation to provide services to the public. It has a board of directors appointed by the government and is fully owned and financed by the government. While public corporations have autonomy in their management, their primary purpose is to serve the public rather than generate profits. Some key advantages of public corporations include their ability to operate independently and adaptability, while disadvantages include potentially less motivation among managers and higher tax rates compared to private companies.
This document discusses delegated legislation, also known as subordinate or subsidiary legislation. It begins by explaining that delegated legislation refers to laws made by persons or bodies to whom Parliament has delegated law-making authority. Principal Acts of Parliament can enable subsidiary legislation and specify who has the power to make it. Delegated legislation allows administrative details to be implemented that ensure Acts will operate successfully.
The document then covers types of delegated legislation like regulations, statutory rules, by-laws and ordinances. It discusses the rationale for delegated legislation, including saving parliamentary time and dealing with technical or rapidly changing issues. The institutions and authorities that can make delegated legislation are also outlined, along with controls like parliamentary and judicial scrutiny.
This document provides an overview of administrative law in India. It defines administrative law and discusses the growth of administrative law due to changes in the role of the state, an inadequate judicial system and legislative process, and the need for experimentation and preventative measures. It also covers delegated legislation and the methods by which power is delegated from the legislature to administrative authorities, including the power to fill in details, include/exclude entities, impose taxes, modify statutes, and bring acts into operation. Criticisms of delegated legislation focus on the wide powers given and lack of effective control.
1. A public corporation is a hybrid organization with some features of government departments and some features of private businesses, operating outside regular government frameworks.
2. Public corporations are semi-autonomous bodies primarily concerned with managing commercial and industrial enterprises and public utilities not directly run by the government.
3. Key features include being created by statute, wholly owned by the state, having separate legal identity, autonomy in finance and management, and exemption from many regulations on government spending.
Administrative law is one of the important subject of law. It is very complicated topic . Here i provide you a Basic note of Administrative that will be helpful to your law entrance examination.
This document discusses administrative law and delegated legislation. It defines administrative law and outlines its key aspects, including the powers of administrative authorities, limits on those powers, required procedures, and judicial oversight. It then explains reasons for the growth of administrative law and delegated legislation, such as the expanding role of the state, inadequate judicial and legislative systems, and the need for flexibility and experimentation. It also summarizes principles of administrative law like natural justice, permissible vs. impermissible delegations of power, and conditional legislation.
Article 12: State (Definition of State)Shivam Goel
The document discusses definitions of key terms like "State", "local authorities", and "statutory bodies" under Indian law.
It provides that under the Indian Constitution, "State" includes central and state governments, legislatures, local authorities and other authorities under government control. High Courts can issue writs not only against statutory authorities but also private bodies performing public functions.
Several tests are discussed to determine if a body amounts to "State" including whether it is financially, functionally and administratively dominated by the government with deep and pervasive control. Statutory bodies and local authorities exercising public functions with government supervision are generally considered part of the "State".
A public corporation is a company created by the government through special legislation to provide services to the public. It has a board of directors appointed by the government and is fully owned and financed by the government. While public corporations have autonomy in their management, their primary purpose is to serve the public rather than generate profits. Some key advantages of public corporations include their ability to operate independently and adaptability, while disadvantages include potentially less motivation among managers and higher tax rates compared to private companies.
This document discusses delegated legislation, also known as subordinate or subsidiary legislation. It begins by explaining that delegated legislation refers to laws made by persons or bodies to whom Parliament has delegated law-making authority. Principal Acts of Parliament can enable subsidiary legislation and specify who has the power to make it. Delegated legislation allows administrative details to be implemented that ensure Acts will operate successfully.
The document then covers types of delegated legislation like regulations, statutory rules, by-laws and ordinances. It discusses the rationale for delegated legislation, including saving parliamentary time and dealing with technical or rapidly changing issues. The institutions and authorities that can make delegated legislation are also outlined, along with controls like parliamentary and judicial scrutiny.
Jeremy Bentham was an English philosopher who developed a theory of law known as legal positivism. He believed that law is defined by the rules enacted by a sovereign authority, rather than being based on morality or natural law. Bentham's theory was based on the principle of utility, which holds that an action is right if it tends to promote happiness or pleasure and prevent unhappiness or pain. He developed a "hedonic calculus" to measure pleasure and pain in order to determine the moral rightness of actions and laws. Bentham's theory emphasized individualism and argued that the proper aim of legislation is to achieve the greatest happiness for the greatest number of people according to the principle of utility.
This document summarizes John Austin's analytical positivism school of jurisprudence. It outlines that Austin viewed law as the command of the sovereign, with three key aspects: 1) commands are general rules for a community backed by sanctions, 2) a sovereign is the ultimate human source of law, and 3) law and morality are separate, with law defined by its coercive power rather than moral content. The document also notes chief legal philosophers of this school and some criticisms of Austin's theory.
Theory on principle of separation of powers Udisha Singh
The document discusses the theory of separation of powers and checks and balances. It outlines Montesquieu's formulation of separation of powers, with the legislative, executive, and judicial branches being separate and checking each other. While India's system does not strictly separate powers, it aims to separate functions as much as possible under a parliamentary system that requires cooperation between branches. Separation of powers is a guiding principle that is implemented to varying degrees based on different governmental systems.
This ppt basically covers the all aspects of delegated legislstion. it not only covers its contextual backgrounds but tries to cover its aspects in administrative law. Through this, one can be able to understand each and everything about delegated legislation. It is for the basic learners to the law students too. It identifies the principles of delegated legislation in every field and it puts more emphasis in understanding the basic law behind this concept.
The document discusses delegated legislation in India. It defines delegated legislation as the exercise of legislative power by a subordinate agency. It is used to relieve pressure on the legislature's time so it can focus on policy formulation. In India, rules, regulations, orders, notifications and bye-laws are examples of delegated legislation. The growth of delegated legislation can be attributed to factors like the pressure on parliamentary time due to expanding state activities, technical nature of subjects requiring expert assistance, need for flexibility to address unforeseen situations, enabling experimentation, and need for quick action in emergencies.
Rule of Law is important topic for all entrance examination. Here we comparison of Rule of Law in India with U.S.A & England. It is very useful all law students.
The slides relate to Part - III of the Indian Constitution i.e. FUNDAMENTAL RIGHTS. It elaborates on the concept and meaning of State under the constitution. Useful for Law students and Professionals.
The document discusses the nature of the Indian constitution as federal, unitary, or quasi-federal. It provides details on the distinguishing characteristics of unitary and federal systems. While the constitution prescribes a federal structure, it also has some unitary tendencies like centralization of power. The courts have observed that India does not have a traditional federal system due to factors like a single constitution and centralized amendment process. Overall, the nature of the Indian constitution is debated as it has elements of both federalism and unitarism.
The document summarizes the case A.K. Kraipak v. Union of India, AIR 1970 SC 150. It discusses that:
1) The case involved the selection of officers to the Indian Forest Service, where one of the selection board members (Naquishbund) was also a candidate for selection.
2) The court held this violated the principle of natural justice that "no one can be a judge in their own case," as Naquishbund's presence on the board created a conflict of interest and likelihood of bias.
3) The Supreme Court decided that principles of natural justice apply not just to judicial functions but also administrative functions like government service selection boards.
This document defines key terms related to fundamental rights under the Constitution of India. Article 12 defines "state" broadly to include the government of India, state governments, and local or other authorities. Local authorities refer to units of local self-government like municipal committees. Other authorities have not been defined but courts have interpreted them to include bodies established by statute that perform public functions or are subject to government control. Private entities may also be considered state authorities if they are deeply controlled by the government or perform important public functions.
The document discusses the concept of rule of law. It was first expounded by Edward Coke and further developed by A.V. Dicey. According to Dicey, rule of law means the supremacy of regular law over arbitrary power. It includes three principles - supremacy of law, equality before law, and predominance of legal spirit. The rule of law is the fundamental principle that governmental authority should only be exercised according to established written law and that no person is above the law. It aims to safeguard against arbitrary governance and protect individual rights and freedoms. The Indian constitution also incorporates the principle of rule of law.
Introduction and the concept o administrative law, its meaning, definition, objects, nature, functions, sources, theories and need.
History and Growth of Administrative law in UK, US, France and India.
The Payment of Bonus Act, 1961 was enacted based on recommendations from a commission established to comprehensively review the payment of employee bonuses. Prior to this law, bonus payments were determined by court rulings and were not a statutory right for employees. The act made bonus payments a statutory obligation for employers and statutory right for employees. It arose from a history of bonus payments in India dating back to World War I when industries paid bonuses due to high profits from the war effort, though bonuses were not a consistent legal right at that time.
This document discusses the concept of judicial activism in India. It defines judicial review and how it allows courts to invalidate legislative and executive actions. It then explains how judicial activism expanded judicial review in India through public interest litigation, which aims to help disadvantaged groups access justice. The document traces the origins of the term "judicial activism" and provides definitions. It outlines areas where Indian courts have been active, such as health, education, and the environment. In conclusion, it states that judicial activism is not defined in statute but gained importance in India through public interest litigation.
Public Interest Litigation (PIL) allows individuals, groups, or communities to challenge government actions in court to protect public interests. PIL deals with major social and environmental issues involving disadvantaged groups. Where individuals lack resources for litigation, PIL provides access to justice. Successful PIL cases have led to environmental protections, human rights enforcement, and government accountability. However, PIL risks burdening courts and can be constrained by existing laws. An example is a 1996 Indian case where a public organization successfully sued to protect public health from river pollution caused by untreated tannery waste.
There are three main types of delegated legislation: bylaws made by local councils, statutory instruments made by government departments, and Orders in Council made by the Privy Council. Parliament delegates some of its lawmaking power through enabling acts because it does not have time or expertise to pass all necessary laws itself. Delegated legislation is subject to general supervision through the enabling act and requirement for consultation, publication, and parliamentary and court oversight through judicial review. It allows laws to be made more quickly and flexibly by experts but is also criticized as being undemocratic with reduced transparency and scrutiny compared to laws passed by Parliament.
The document discusses Article 299(1) of the Indian Constitution, which requires all contracts made by the executive branch of the Union or state governments to be made in the name of the President or Governor. It summarizes several key court cases that have interpreted this article, establishing that implied contracts are not allowed and any contract not in compliance with Article 299(1) is invalid. It also discusses how provisions of the Contract Act apply to government contracts and circumstances under which such contracts can be challenged.
Private,public and global enterprises.pptx 2Byju Antony
A business undertaking is an institutional arrangement to conduct business activities. It can be run by one person or a group of persons. Business undertakings have characteristics like separate ownership, management, risk bearing, profit motive, and continuity. There are different types of business undertakings based on size, nature of activities, and ownership, including small/medium/large enterprises, industrial/trading/services enterprises, and those in the private/public/joint sectors. Public sector enterprises are owned, managed, and controlled by governments and have characteristics like state ownership, control, financing, socio-economic objectives, and public accountability. Common forms of public enterprises include departmental undertakings, public corporations, and government companies.
- Private sector consists of businesses owned by individuals or groups, examples include sole proprietorships and partnerships. Public sector consists of organizations owned and managed by the government, either partly or wholly.
- A private company has restrictions on share transfers and a minimum of 2-50 members. It does not invite public investment and must have "Private Limited" in its name. It has fewer regulatory requirements than public companies.
- Public sector enterprises include departmental undertakings (part of ministries), statutory corporations (created via special acts), and government companies (with over 51% government shareholding). They aim to serve public interests but can lack flexibility.
- Global enterprises operate worldwide through subsidiaries
Jeremy Bentham was an English philosopher who developed a theory of law known as legal positivism. He believed that law is defined by the rules enacted by a sovereign authority, rather than being based on morality or natural law. Bentham's theory was based on the principle of utility, which holds that an action is right if it tends to promote happiness or pleasure and prevent unhappiness or pain. He developed a "hedonic calculus" to measure pleasure and pain in order to determine the moral rightness of actions and laws. Bentham's theory emphasized individualism and argued that the proper aim of legislation is to achieve the greatest happiness for the greatest number of people according to the principle of utility.
This document summarizes John Austin's analytical positivism school of jurisprudence. It outlines that Austin viewed law as the command of the sovereign, with three key aspects: 1) commands are general rules for a community backed by sanctions, 2) a sovereign is the ultimate human source of law, and 3) law and morality are separate, with law defined by its coercive power rather than moral content. The document also notes chief legal philosophers of this school and some criticisms of Austin's theory.
Theory on principle of separation of powers Udisha Singh
The document discusses the theory of separation of powers and checks and balances. It outlines Montesquieu's formulation of separation of powers, with the legislative, executive, and judicial branches being separate and checking each other. While India's system does not strictly separate powers, it aims to separate functions as much as possible under a parliamentary system that requires cooperation between branches. Separation of powers is a guiding principle that is implemented to varying degrees based on different governmental systems.
This ppt basically covers the all aspects of delegated legislstion. it not only covers its contextual backgrounds but tries to cover its aspects in administrative law. Through this, one can be able to understand each and everything about delegated legislation. It is for the basic learners to the law students too. It identifies the principles of delegated legislation in every field and it puts more emphasis in understanding the basic law behind this concept.
The document discusses delegated legislation in India. It defines delegated legislation as the exercise of legislative power by a subordinate agency. It is used to relieve pressure on the legislature's time so it can focus on policy formulation. In India, rules, regulations, orders, notifications and bye-laws are examples of delegated legislation. The growth of delegated legislation can be attributed to factors like the pressure on parliamentary time due to expanding state activities, technical nature of subjects requiring expert assistance, need for flexibility to address unforeseen situations, enabling experimentation, and need for quick action in emergencies.
Rule of Law is important topic for all entrance examination. Here we comparison of Rule of Law in India with U.S.A & England. It is very useful all law students.
The slides relate to Part - III of the Indian Constitution i.e. FUNDAMENTAL RIGHTS. It elaborates on the concept and meaning of State under the constitution. Useful for Law students and Professionals.
The document discusses the nature of the Indian constitution as federal, unitary, or quasi-federal. It provides details on the distinguishing characteristics of unitary and federal systems. While the constitution prescribes a federal structure, it also has some unitary tendencies like centralization of power. The courts have observed that India does not have a traditional federal system due to factors like a single constitution and centralized amendment process. Overall, the nature of the Indian constitution is debated as it has elements of both federalism and unitarism.
The document summarizes the case A.K. Kraipak v. Union of India, AIR 1970 SC 150. It discusses that:
1) The case involved the selection of officers to the Indian Forest Service, where one of the selection board members (Naquishbund) was also a candidate for selection.
2) The court held this violated the principle of natural justice that "no one can be a judge in their own case," as Naquishbund's presence on the board created a conflict of interest and likelihood of bias.
3) The Supreme Court decided that principles of natural justice apply not just to judicial functions but also administrative functions like government service selection boards.
This document defines key terms related to fundamental rights under the Constitution of India. Article 12 defines "state" broadly to include the government of India, state governments, and local or other authorities. Local authorities refer to units of local self-government like municipal committees. Other authorities have not been defined but courts have interpreted them to include bodies established by statute that perform public functions or are subject to government control. Private entities may also be considered state authorities if they are deeply controlled by the government or perform important public functions.
The document discusses the concept of rule of law. It was first expounded by Edward Coke and further developed by A.V. Dicey. According to Dicey, rule of law means the supremacy of regular law over arbitrary power. It includes three principles - supremacy of law, equality before law, and predominance of legal spirit. The rule of law is the fundamental principle that governmental authority should only be exercised according to established written law and that no person is above the law. It aims to safeguard against arbitrary governance and protect individual rights and freedoms. The Indian constitution also incorporates the principle of rule of law.
Introduction and the concept o administrative law, its meaning, definition, objects, nature, functions, sources, theories and need.
History and Growth of Administrative law in UK, US, France and India.
The Payment of Bonus Act, 1961 was enacted based on recommendations from a commission established to comprehensively review the payment of employee bonuses. Prior to this law, bonus payments were determined by court rulings and were not a statutory right for employees. The act made bonus payments a statutory obligation for employers and statutory right for employees. It arose from a history of bonus payments in India dating back to World War I when industries paid bonuses due to high profits from the war effort, though bonuses were not a consistent legal right at that time.
This document discusses the concept of judicial activism in India. It defines judicial review and how it allows courts to invalidate legislative and executive actions. It then explains how judicial activism expanded judicial review in India through public interest litigation, which aims to help disadvantaged groups access justice. The document traces the origins of the term "judicial activism" and provides definitions. It outlines areas where Indian courts have been active, such as health, education, and the environment. In conclusion, it states that judicial activism is not defined in statute but gained importance in India through public interest litigation.
Public Interest Litigation (PIL) allows individuals, groups, or communities to challenge government actions in court to protect public interests. PIL deals with major social and environmental issues involving disadvantaged groups. Where individuals lack resources for litigation, PIL provides access to justice. Successful PIL cases have led to environmental protections, human rights enforcement, and government accountability. However, PIL risks burdening courts and can be constrained by existing laws. An example is a 1996 Indian case where a public organization successfully sued to protect public health from river pollution caused by untreated tannery waste.
There are three main types of delegated legislation: bylaws made by local councils, statutory instruments made by government departments, and Orders in Council made by the Privy Council. Parliament delegates some of its lawmaking power through enabling acts because it does not have time or expertise to pass all necessary laws itself. Delegated legislation is subject to general supervision through the enabling act and requirement for consultation, publication, and parliamentary and court oversight through judicial review. It allows laws to be made more quickly and flexibly by experts but is also criticized as being undemocratic with reduced transparency and scrutiny compared to laws passed by Parliament.
The document discusses Article 299(1) of the Indian Constitution, which requires all contracts made by the executive branch of the Union or state governments to be made in the name of the President or Governor. It summarizes several key court cases that have interpreted this article, establishing that implied contracts are not allowed and any contract not in compliance with Article 299(1) is invalid. It also discusses how provisions of the Contract Act apply to government contracts and circumstances under which such contracts can be challenged.
Private,public and global enterprises.pptx 2Byju Antony
A business undertaking is an institutional arrangement to conduct business activities. It can be run by one person or a group of persons. Business undertakings have characteristics like separate ownership, management, risk bearing, profit motive, and continuity. There are different types of business undertakings based on size, nature of activities, and ownership, including small/medium/large enterprises, industrial/trading/services enterprises, and those in the private/public/joint sectors. Public sector enterprises are owned, managed, and controlled by governments and have characteristics like state ownership, control, financing, socio-economic objectives, and public accountability. Common forms of public enterprises include departmental undertakings, public corporations, and government companies.
- Private sector consists of businesses owned by individuals or groups, examples include sole proprietorships and partnerships. Public sector consists of organizations owned and managed by the government, either partly or wholly.
- A private company has restrictions on share transfers and a minimum of 2-50 members. It does not invite public investment and must have "Private Limited" in its name. It has fewer regulatory requirements than public companies.
- Public sector enterprises include departmental undertakings (part of ministries), statutory corporations (created via special acts), and government companies (with over 51% government shareholding). They aim to serve public interests but can lack flexibility.
- Global enterprises operate worldwide through subsidiaries
Private,public, and Global enterprises divyaanjali8
This document discusses different types of business enterprises in India. It begins by classifying the Indian economy into private and public sectors as it is a mixed economy consisting of both privately and government-owned businesses. It then defines and compares private sector enterprises, public sector enterprises, and government companies. Private sector enterprises are owned and managed by private individuals to earn profits, while public sector enterprises are owned by the government to promote public welfare. Government companies have at least 51% share capital owned by the government. The document also discusses the changing role of public sector enterprises in India and defines global/multinational enterprises that operate across many countries.
There are two main types of companies - private and public. A private company has 1-50 shareholders and its name must end in "(Pvt) Ltd". A public company has a minimum of one member and its name must end in "Ltd".
There are three types of public sector business entities - departmental undertakings which are managed by government departments, public corporations which are corporate bodies created by special acts, and government companies which are established under the Companies Act and have at least 51% government ownership.
The joint sector involves both government and private sector ownership and management of an undertaking, with the government typically owning at least 26%. Characteristics include joint ownership and control by partners, no separate legal entity
This document discusses different forms of public enterprises in India. It describes departmental undertakings, which operate as part of government departments under ministerial control. It also outlines public corporations, which are established through special acts and have separate legal identities. Finally, it discusses government companies, in which the state or central government holds at least 51% ownership and which operate under the Companies Act of 1956.
private, public and global enterprisesSruthy Ajith
This document discusses different types of business organizations including private enterprises, public enterprises, and global enterprises. It describes private companies, forms of public sector enterprises like departmental undertakings and statutory corporations, government companies, and joint ventures. It also discusses the changing role of public sector enterprises in India.
This document discusses different ways to classify companies based on their incorporation, liability, number of members, control, and ownership. It outlines that companies can be chartered, statutory, or registered based on how they are incorporated. Based on liability, companies are either limited or unlimited. Private companies have fewer than 50 members, while public companies must have a minimum paid-up capital and are not restricted in the number of members. Holding companies control other subsidiary companies. Government companies have majority ownership by the central or state government, while foreign companies are incorporated outside of India.
This document discusses different ways to classify companies based on their incorporation, liability, number of members, control, and ownership. It outlines that companies can be chartered, statutory, or registered based on how they are incorporated. Based on liability, companies are either limited or unlimited. Private companies have fewer than 50 members, while public companies must have a minimum paid-up capital and are not restricted in the number of members. Holding companies control other subsidiary companies. Government companies have majority ownership by the central or state government, while foreign companies are incorporated outside of India.
This document discusses different ways to classify companies based on their incorporation, liability, number of members, control, and ownership. It outlines that companies can be chartered, statutory, or registered based on how they are incorporated. Based on liability, companies are either limited or unlimited. Private companies have fewer than 50 members, while public companies must have a minimum of 5 lakh paid-up capital. Holding companies control other subsidiary companies. Government companies are at least 51% owned by the central or state government, while foreign companies are incorporated outside of India.
There are several types of companies under Indian law based on incorporation, liability, control, and other factors. The main types include private and public companies, limited by shares or guarantee, chartered companies established by royal charter, statutory companies created by legislation, and foreign companies incorporated outside of India. A company is a separate legal entity from its owners and managers that can be established for business or nonprofit purposes.
Chapter 3 Private, Public and Global EntreprisesRitvik Tolumbia
A fantastic PPT on forms of public sector entreprises. The PPT contains a detailed description about the various forms of doing public sector business. It discusses the meaning, features, merits and demerits of each form.
Types of Companies under Company Ordinance 1984Saad Mazhar
The document discusses different types of companies under corporate law. It defines statutory companies as those formed under special statutes and governed by relevant Acts. Chartered companies are formed by royal charter granting special rights. Government companies have at least 51% capital held by the government. Registered companies include companies limited by shares, guarantee, or unlimited liability. Private limited companies restrict member and share transfer rights while public companies do not. Listed companies have shares traded on stock exchanges.
This document provides an overview of company law in India based on the Companies Act of 1956. It defines a company as a voluntary association formed for business purposes that has a distinct name and limited liability. It discusses the types of companies (public, private, unlimited), classifications based on ownership (government, non-government, foreign), and key concepts like corporate personality, perpetual succession, and holding/subsidiary relationships. The document also summarizes the formation process for companies and objectives of the Companies Act.
Global, private, and public enterprises are the three main types of business organizations. Global enterprises operate in multiple countries through branches and subsidiaries. Private enterprises are owned by individuals or groups and include sole proprietorships, partnerships, and companies. Public enterprises are owned wholly or partly by governments and include departmental undertakings, public corporations, and government companies. Joint ventures involve two or more businesses collaborating for mutual benefit by contributing capital and sharing management.
A company is a legal entity created by law that exists separately from its owners. The document defines a company and outlines its key characteristics: separate legal entity, limited liability, perpetual succession, transferable shares, and separate property. It also describes the main types of companies based on incorporation, liability, membership, control, and ownership.
This document defines a company and outlines its key characteristics and types. A company is a legal entity created by law that allows a group of people to work towards a common goal. Key characteristics include separate legal identity, limited liability, perpetual succession, a common seal, transferable shares, and separate property. Companies can be classified based on incorporation (statutory or registered), liability (limited or unlimited), number of members (private or public), control (holding or subsidiary), and ownership (government, foreign).
This document defines a company and outlines its key characteristics and types. It begins by defining a company as an artificial person created by law to attain a common social or economic end. It then describes the key characteristics of companies as having separate legal identity, limited liability, perpetual succession, a common seal, transferable shares, and separate property. The document goes on to classify companies as private or public based on membership, and as having limited or unlimited liability based on legal obligations. It also differentiates companies based on ownership and control structure.
Types of Companies under Companies Act, 2013 in India.pptxtaxguruedu
The term “company” does not have a purely technical or legal definition. It could be said to signify a grouping of people who share a common object or objects. People may associate themselves for a wide range of goals, including both materialistic and immaterial ones. However, the term “company” is typically only used to refer to groups that have come together for profit-making goals.
FORMS OF ORGANISING PUBLIC SECTOR ENTERPRISES.pptxssuserdb25f41
The document discusses three types of public sector undertakings in India: departmental undertakings, statutory corporations, and government companies. Departmental undertakings are the oldest form and are integral parts of government departments, managed like other departments. Statutory corporations are formed by acts of parliament or state legislatures to serve public interests, with finances and objectives defined by law. Government companies have at least 51% share capital held by central or state government, giving them more autonomy than departments but still potential political interference.
Similar to Public corporation new and final for teaching (20)
Lifting the Corporate Veil. Power Point Presentationseri bangash
"Lifting the Corporate Veil" is a legal concept that refers to the judicial act of disregarding the separate legal personality of a corporation or limited liability company (LLC). Normally, a corporation is considered a legal entity separate from its shareholders or members, meaning that the personal assets of shareholders or members are protected from the liabilities of the corporation. However, there are certain situations where courts may decide to "pierce" or "lift" the corporate veil, holding shareholders or members personally liable for the debts or actions of the corporation.
Here are some common scenarios in which courts might lift the corporate veil:
Fraud or Illegality: If shareholders or members use the corporate structure to perpetrate fraud, evade legal obligations, or engage in illegal activities, courts may disregard the corporate entity and hold those individuals personally liable.
Undercapitalization: If a corporation is formed with insufficient capital to conduct its intended business and meet its foreseeable liabilities, and this lack of capitalization results in harm to creditors or other parties, courts may lift the corporate veil to hold shareholders or members liable.
Failure to Observe Corporate Formalities: Corporations and LLCs are required to observe certain formalities, such as holding regular meetings, maintaining separate financial records, and avoiding commingling of personal and corporate assets. If these formalities are not observed and the corporate structure is used as a mere façade, courts may disregard the corporate entity.
Alter Ego: If there is such a unity of interest and ownership between the corporation and its shareholders or members that the separate personalities of the corporation and the individuals no longer exist, courts may treat the corporation as the alter ego of its owners and hold them personally liable.
Group Enterprises: In some cases, where multiple corporations are closely related or form part of a single economic unit, courts may pierce the corporate veil to achieve equity, particularly if one corporation's actions harm creditors or other stakeholders and the corporate structure is being used to shield culpable parties from liability.
Defending Weapons Offence Charges: Role of Mississauga Criminal Defence LawyersHarpreetSaini48
Discover how Mississauga criminal defence lawyers defend clients facing weapon offence charges with expert legal guidance and courtroom representation.
To know more visit: https://www.saini-law.com/
Matthew Professional CV experienced Government LiaisonMattGardner52
As an experienced Government Liaison, I have demonstrated expertise in Corporate Governance. My skill set includes senior-level management in Contract Management, Legal Support, and Diplomatic Relations. I have also gained proficiency as a Corporate Liaison, utilizing my strong background in accounting, finance, and legal, with a Bachelor's degree (B.A.) from California State University. My Administrative Skills further strengthen my ability to contribute to the growth and success of any organization.
Synopsis On Annual General Meeting/Extra Ordinary General Meeting With Ordinary And Special Businesses And Ordinary And Special Resolutions with Companies (Postal Ballot) Regulations, 2018
The Future of Criminal Defense Lawyer in India.pdfveteranlegal
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2. INTRODUCTION
• The participation of the government in the enterprise, may be total or
partial, direct or indirect. The enterprise may, therefore, take the form of a
departmental organisation, Government company or statutory
corporation. However, the core features, is the intervention of the
government in the affairs of enterprise.
• It may be active, recommendatory, supervisory or advisory
• This development has been facilitated by certain constitutional provisions.
Under directive principle of state policy
• Article 298 of the Constitution, extends the executive power of the union
and of each State “to the carrying on of any trade or business and to the
acquisition, holding and disposal of property and the making of contract
for any purpose”
• Article 19(ii) enables state “to carry on any trade business, industry or
service”
3. MEANING AND DEFINITION OF PUBLIC
CORPORATION
A Public Corporation is a Corporation created by the government for political
purposes, and having subordinate and local powers of legislation
Public Corporation or Public undertaking or Public Enterprises means an activity of
business character, managed and owned, by the Government, Central, State or
Local providing goods/services for a price.
4. PROF. WADE, DEFINE
The Public Corporation is hybrid
organism, showing some of the
features of a government
department and some of the
features of a business company,
and standing outside the ordinary
framework of Central and Local
Government.
5. OBJECT
A public corporation form of
organization facilitates
autonomy in its day-to-day
administration and provides
freedom from political
influences
To achieve the economic
regeneration of the country,
as well as to improve socio-
economic well-being of the
people, the government
resort to economic planning
on large scale
It provides for a healthy mix of
commercial efficiency of a private
enterprise with public
accountability of a government
department and provides
freedom from unsuitable rules,
regulations and controls of the
government.
The corporation pattern
facilitates a high degree of
financial flexibility and
personal mobility and serves
as a valuable instrument for
social control of economic
life.
Is to set up in India a socialist
pattern of society.
6. PUBLIC
CORPORATION
EMPLOYEES OF P.C. ARE CIVIL
SERVANTS & ARE RECURITED &
REMUNERATED UNDER TERMS
& CONDITIONS WHICH THE
CORPORATION ITSELF
DETERMINES
THEY CAN
BE LIABLE
FOR
BREACH
OF
CONTRACT
HAS COMMON
SEAL
THEY CAN ENTER
INTO CONTRACT
IT IS LIKE
THEY CAN BE
SUE AND SUED
ON THEIR OWN
NAME
IT CAN BE GOVERNMENT
COMPANY OR BY UNDERTAKING
BY PUBLIC SECTOR
CREATED UNDER
STATUTE
ARTIFICIAL CREATURE
OF LAW
IT IS AUTONOMUS IN
FINANCE
MANAGEMENT. IT HAS
FUNDS OF ITS OWN
PERPETUAL SUCESSION
AND CAN ACQURE ,HOLD
AND DISPOSE OF THEIR
OWN PROPERTY
CONTRAL AND
MANGEMENT CAN BE
LARGELY REGULATED BY ITS
OWN RULES IN
IT LAYS DOWN
RIGHTS & DUTIES
SEC. 80 OF THE CPC, 2
MONTHS NOTICE
BEFORE FILING A CASE
AGAINST P.C.
IT CAN MAKE RULES,
REGULATIONS & OTHER KINDS
OF DELEGATED LEGISLATION
A STATUTORY CORPORATION IS
A STATE WITHIN DEFINITION
OF ART.12 & THEREFORE
SUBJECT TO WRIT U/ART. 32 &
226
7. CLASSIFICATION OF
PUBLIC CORPORATION
5) DEVELOPMENTAL
CORPORATION:-
E.g.; DAMODAR VALLEY
CORPRATION, NATURAL RESEARCH
DEVELOPMENT CORPORATION Ltd;
REHABILITATION HOUSING
CORPORATION Ltd; WAREHOUSING
CORPORATION.
3) WELFARE ACTIVITIES
CORPORATION:-Eg; EMPLOYEEES
STATE INSURANCE CORPORATION,
HOUSING BOARD.
4) COMMODITIES CONTROL
CORPORATION:
E.g.; TEA BOARD, RUBBER
BOARD, ONGC, FOOD
CORPORATION OF INDIA.
1) COMMERCIAL
CORPORATIONS
EXAMPLE-AIR INDIA,INDIAN AIR
LINES,STATE TRADING
CORPORATION, HINDUSTAN
2) FINANCIAL CORPORATION
Eg; LIFE INSURANCE
CORPORATION, RESERVE BANK
OF INDIA, STATE BANK OF INDIA,
INDUSTRIAL FINANCE
CORPORATION.
8. CLASSIFICATION OF PUBLIC
CORPORATION
PUBLIC CORPORATION:- IS A BODY
CREATED BY OR UNDER A STATUTE &
ENTRUSTED WITH VARIOUS FUNCTIONS
OF PUBLIC IMPORTANCE & OWNED OR
CONTROLLED BY THE STATE. THEY
CREATED THROUGH AN ACT MADE BY
PARLIAMENT, PUBLIC CORPORATIONS
INCLUDE LIFE INSURANCE CORPORATION
OF INDIA, DAMODAR VALLEY
CORPORATION ETC.
GOVERNMENT DEPARTMENT UNDERTAKING
IS THE UNDERTAKING WHICH IS COMPLETELY OWNED &
CONTROLLED BY THE GOV. THE MINISTER IS ITS HEAD. THIS
CATEGORY OF PUBLIC UNDERTAKING INCLUDES RAILWAYS, POSTS &
TELEGRAPH TELEPHONE, RADIO & TELEVISION
GOVERNMENT COMPANY:- IS REQUIRED TO BE REGISTERD
UNDER THE COMPANIES ACT 1956. IT IS A NON-STATUTORY PUBLIC
UNDER TAKING SEC. 617 OF THE ACT PROVIDES THAT “FOR THE
PURPOSE OF THIS ACT, “ GOV. COMPANY” MEANS ANY COMPANY IN
WHICH NOT LESS THAN 50% OF THE PAID-UP SHARE CAPITAL IS
HELD BY THE CENTRAL GOV. OR STATE THE STATE GOV. OR PARTLY
BY THE CENTRAL GOV. & PARTLY BY ONE OR MORE STATE GOVS. &
INCLUDES A COMPANY WHICH IS SUBSIDIARY OF A GOV. COMPANY
Eg. HINDUSTAN STEEL Ltd. STEEL AUTHORITY OF INDIA
9. FEATURES
GOVERNMENT DEPARTMENT
UNDERTAKING
Under complete control of one of
the ministries of government
Finance from annul budget of the
government:--e.g bullet train budget
have to be decided
No separate entity
Employees are recruitments, Salary
paid and compensated as per the
rules of civil servants.
It is staff by civil servants and is
liable for contracts and torts to
the extent laid down under
Article 299 and 300 respectively.
No Bord of Directors it is managed
by government only
They can be sued in the same
manner as one can file against
government.
10. Demerits
Delay in action
Inflexibility:--
Political interference
Lack of initiative
Lack of motivation:--work have
be done according to order no
application of mind as it is
required in private sector
Completely controlled by
Government
Lack of finance:-- though you
see money is available but you
cant use as per you wants in
development needs but in
private you can apply your mind
MERITS
Easy formation
Effective control.
Public revenue:-- e.g. railways and
postal collection is considered as
Public revenue it is deposited in
government treasury account
Secrecy:--All law are prepared by
government so they very well know
that what thing public should know
and what not , so to maintain
secrecy
Public Confidence:--
Railways, postal service is
secure job
even defence related activity
have to be keep in secrecy to
maintain nationality of India
Accountability to Government
11. STATUTORY CORPORATION OR
PUBLIC CORPORATION
Example Indian Airlines, S B I, F I C.
etc.
It is a body corporate formed by a
special act of parliament or by the
central or state legislature.
Its powers, objects and limitations
are also decided by the Act of
legislature.
It has separate legal existence.
12. FEATURES
STATUTORY CORPORATION OR PUBLIC
CORPORATION
Under control of government
Managed by bord of director nominated
by governmentCreated by act of Parliaments.
Has its own rules regulation.
Power, objectives and limitation are
decided by Act only.
Separate legal entity:-- if any case is
sued SBI OR Indian Airline so
government will not responsible but it
self will be responsible e.g SBI OR
Indian airlines
Enjoy administration autonomy
It has to submits its
annul report of working
13. MERITS
Efficient staff
Administrative Autonomy
Quick decision.:-- no interference
of government so there is quick
decision
Service motive:-- main motive to
provide service than to earn profits
Professional management:-- it is
manged by BOD
DEMERITS
Lack of initiative:-- where ever
this is service motive there is less
initiative, why you are working
because you are getting salary
but if you do more or some
different work than you must get
some extra money
Autonomy on paper only:--
rules and regulation and
administration is of corporation
BUT it will run and control by
Government, it is interference
of government in all this
structure because BOD are
appointed by government
It have private structure
and have government
power
14. GOVERNMENTAL COMPANIES
They are governed and ruled by the
provisions of companies Act, like any other
registered company
It means any company in which at least 51
percent of the paid-up share capital is held
by the central or state government. What
ever capital e.g thousand cores that have to
Example:-- Steel Authority of India,
Hindustan machine tools, BHEL ( Bhartia
15. FEATURE OF
GOVERNMENT COMPANY
Registration under
companies Act 2013 Separate legal entity
Wholly or partly owned by
government Financial Autonomy
Manged by BOD.
Efficient staff
Ministerial control
Accountable to the ministry
or concered department
17. LIABILITY OF PUBLIC
CORPORATION
LIABILITY UNDER
TORT
LIABILITY UNDER INDIAN
CONSTITUTION
LIABILITY UNDER
CONTRACT
CROWN PRIVILEGES
LIABILITY UNDER CRIMINAL
LAW.
LIABILITY TO PAY TAX
18. PUBLIC CORPORATION
LIABILITY UNDER CONTRACT
SECTION 80 OF CIVIL PROCEDURE DO
NOT APPLY
ARTICLE 299 CAN NOT
APPLY
CAN SUE AND BE SUED FOR THE
BREACH OF CONTRACT
CAN ENTER INTO CONTRACTPUBLIC CORPORATION IS NOT
DEPARTMENT OF GOVERNMENT
FOR FILLING A SUITS
19. PUBLIC CORPORATION
LIABILITY UNDER TORT
VICARIOUS LIABILITY
WHILE DISCHARHING HIS DUTIES
IF THE ACT IS COMMITTED BY ITS
SERVANT OR EMPLOYEE
STATUTE CREATED
SEPARATE LEGAL ENTITY
LIABILITY UNDER TORT AS ANY OTHER
PERSON CONFERED
IT GIVES IMMUNITY
ANY ACT DONE IN GOOD FAITH BY
SERVANT OR EMPLOYEE
21. PARLIAMENT CONTROL
(b) Adjournment motions
(e) Parliamentary committees
especially the CPU.
(c) Parliamentary debates
unsystematic haphazard and
ineffective. It operates through
the instrumentalities of:’
(a) Question hour
(d) Discussions on reports
22. GOVERNMENT CONTROL
BY PARENT ACT
GOVERNMENT CAN INSTITUTED
INQUERY OR INVESTIGATION ON
WORKING OF P.C.
The government has the authority
to frame rules and regulations
CANNOT EXCEED AUTHORITY OR
ABUSE POWER CONFERRED ON
THEM
CREATED BY STATUTE
FINANCIALY DEPENDS ON
GOVERNMENT
lay down procedures and even
prescribe the activities to be
undertaken.
The government stands
empowered to appoint the
chairman and members of the
board of management and the
managing director.
The government can remove from
office any member of the
management
fails to carry out the purposes for
which it was created or if it fails to
carry out the directives issued by
the government.
if any dispute arises between the
Central government and the
corporation, the decision of the
Central government shall be final
and binding.
Usually, the audit of accounts is
done by the auditors appointed by
the government.
THEY CAN BE ABLOISH OR
SUPERSED OR DISSLOVE
The government also controls the
fixation of prices of goods produced by
the enterprises as well as the quantum
and rate of payment for services
rendered.
23. PUBLIC CORPORATION
UNDER JUDICIAL
CONTROL
CAN NOT CLAIM CROWN
PRIVILEGES
IS DEFINED UNDER ARTICLE
12 AS STATE IN INDIAN
CONSTITUTION
IT IS AS PRIVATE COMPANY
OR PUBLIC COMPANY
AGRIVED PERSON CAN FILE A
SUIT UNDER ARTICLE 226
AND 32
THEY ARE ANSWERABLE IN
COURT
CAN BE SUED UNDER
BREACH OF CONTRACT
CAN BE SUED FOR TORT
COMMITED BY HIS SERVANT
OR EMPLOYEES
AGANIST
24. PUBLIC CORPORATION UNDER
PUBLIC CONTROL
THEY ARE ACCOUNTABLE TO THE PEOPLE
WITH WHOES FUNDS THEY DEAL & TO
WHOSE WELFARE THEY CLAIM TO CATER.
MASS MEDIA:-
IT NOT ONLY REFLECT PUBLIC OPINION
BUT ALSO CREATES PUBLIC OPINION. IT
IS CHECK ON FUNCTIONONG OF PUBLIC
ENTERPRISE BY EXPOSING POLITICAL OR
OTHER INTERFERENCE, CORRUPTION &
INEFFENCIENCY PREVAILING IN THE
MANAGEMENT & FUNCTIONING OF P.C.
INTERESTED REPRESENTATION:-
IN ORDER TO MAKE PUBLIC UNDERTAKING DIRECTLY
RESPONSIVE TO THE CONSUMERS, IT IS DESIRABLE THAT
THEY MUST HAVE SOME SAYS IN THE AFFAIRS OF SUCH
BODIES BY NOMINATING LOCAL AUTHORITIES & OTHER
INTERES ORGANISATION IN THE FUNCTIONS OF THE
PARTICULAR CORPORATION
CONSUMER COUNCILS
THEY ARE UNDER THE CONTROL OF
CONSUMER PROTECTION ACT 1986
CONSUMER COUNCIL IS ESTABLISHED
UNDER THIS CPA AT CERTRAL AND
STATE LEVEL THE OBJECT OF THE
COUNCIALS IS TO PROMOTE &
PROTECET THE RIGHTS OF THE
CONSUMER. & CONTROL PUBLIC
ENTERPRISES
PUBLIC MAY
INFLUENCE
THROUGH
DIFFERENT
CHANNELS