This Article is written by Varri. Rohini of BA.LLB of 8th Semester of Sri Padmavati Mahila Visvavidyalayam, Tirupati, an intern under Legal Vidhiya.
ABSTRACT
In the realm of governance and societal progress, public cooperation and government departments emerge as two crucial entities with distinct functions. Public cooperation encompasses the voluntary engagement of citizens, private entities, or non-governmental actors in tackling social, economic, or environmental challenges. It thrives on collective responsibility, adaptability, and community-oriented objectives. Conversely, government departments are official institutions created by the state to execute policies, uphold laws, and provide public services. These departments function within a rigid hierarchical structure, adhere to legal mandates, and depend on public funds.
The fundamental distinction between these entities lies in their organization, objectives, and operational methods. Public cooperation often promotes innovation, grassroots involvement, and inclusiveness, while government departments concentrate on policy implementation, regulation, and administrative effectiveness. Despite these contrasts, the two entities are mutually dependent. Government departments benefit from public cooperation to enhance service delivery and build public trust, while public cooperation frequently relies on governmental backing for resources and policy alignment. This abstract examines their differences and complementary aspects, emphasizing their unique contributions to achieving sustainable development and effective governance.
KEYWORDS
Public cooperation, private entities, Non-governmental, uphold Laws, Hierarchical Structure, Public funds, Grassroots involvement, policy alignment, Sustainable development.
INTRODUCTION
In the public sector, public corporations and government departments serve distinct functions and operate differently. Public corporations are state-owned entities established to conduct commercial activities and earn revenue while fulfilling public needs, such as government-run utilities or financial institutions. These organizations enjoy considerable independence, typically overseen by a board of directors, and sustain themselves through income generated from their services. On the other hand, government departments are integral components of the governmental structure, tasked with executing policies, overseeing various sectors, and delivering administrative services.
They function under direct governmental supervision, receive funding from tax revenues, and adhere to rigid bureaucratic procedures. While public corporations prioritize business-oriented operations with enhanced flexibility, government departments concentrate on governance, policy implementation, and public accountability within established governmental frameworks.
GOVERNMENT DEPARTMENT
Public enterprises are most commonly established through Government department , which are integrated components of ministerial departments. These undertakings are created, managed, and viewed as extensions of the ministry itself. Government operations and functions are executed via these departments, which are not considered separate or self-governing entities. Employees within these departments are classified as government workers. Government departments are divided into two categories: state and central. Examples of such undertakings include public transit systems and healthcare facilities. The staff employed in these departments are government officials, and the undertakings are not regarded as independent or self-governing bodies[1].
A government department serves as an administrative body within a governmental structure, focusing on particular areas of public policy, services, and governance. These units function at various governmental tiers, including local, regional, and national levels, and are typically headed by a minister, secretary, or director, depending on the jurisdiction. The primary responsibilities of government departments include executing laws, overseeing public resources, and providing essential services such as education, healthcare, transportation, and public safety. Their operations are generally guided by legislative frameworks, strategic objectives, and budgets sanctioned by the governing body or legislature.
While the organization and scope of government departments differ among countries, they are essential for maintaining social order and efficiently delivering crucial services. These departments often collaborate with other governmental bodies, agencies, and private organizations to achieve broader societal objectives. For example, a Health Department might be responsible for healthcare policies and work in conjunction with hospitals and research institutions to improve public health outcomes. By addressing specific societal needs, government departments play a vital role in stimulating economic growth, enhancing social welfare, and upholding the rule of law.
FUNCTIONS OF GOVERNMENT DEPARTMENT
Secretary: A Secretary to the Government of India heads the Ministry/Department and advises the Minister on all policy and administrative matters. He/she holds complete and undivided responsibility and serves as the Chief Accounting Authority.
Special Secretary/Additional Secretary/Joint Secretary: This role involves significant independent functioning and responsibility for business within their wing, under the Secretary’s overall administration. Director/Deputy Secretary: Acting on behalf of the Secretary, the Director/Deputy Secretary manages a Secretariat Division, handling government business within delegated powers or departmental submission channels.
Under Secretary: An Under Secretary oversees a Branch in a Ministry/Department, managing business disposal and discipline. He/she handles many cases independently but consults higher officers on important matters. Responsibilities include developing and maintaining manual and electronic knowledge management tools.
Desk Officer: An Under Secretary or senior Section Officer serving as Desk Officer examines and submits cases independently and makes decisions equivalent to an Under Secretary. They can sign Orders, Financial Sanctions, and affidavits in courts.
Section Officer: A Section Officer leads a Section in the Secretariat, supervising Assistant Section Officers, Senior Secretariat Assistants, Junior Secretariat Assistants, and MTS. Responsibilities include work distribution, staff training and advising, maintaining discipline and team spirit, ensuring efficient case disposal, timely report submissions, and managing information and records effectively.
Personal Staff Members of Officers: Principal Staff Officer/Senior Principal Private Secretary/Principal Private Secretary, Prepare executive summaries on key issues for decision-making and summarize past Starred questions for officer briefings. Manage the Personal Section and provide leadership. Liaise and network internationally/nationally, coordinate with Parliament, Ministries/Departments, handle visitors, and facilitate meetings/conferences. Stay informed about the Ministry/Department’s key performance areas, vision, and mission. Ensure the security of personal and official information and facilitate grievance handling. Maintain the engagement diary. Manage tours (foreign and domestic) and office operations during the Officer’s absence due to meetings, tours, or leave.
Private Secretary, Personal Assistant, and Stenographer Grade ‘D’: Take dictation/transcribe, handle telephone calls, receive visitors, arrange tours/travel, maintain required papers, and manage the engagement diary.
Handle confidential and secret letters/dak/files, manage parliamentary work, ensure information security, and facilitate meetings/conferences.
Assistant Section Officer/Senior Secretariat Assistant: Functions as Dealing Officer under Section Officer supervision, handling allocated subjects and any other assigned work.
Junior Secretariat Assistant: Supports the Section/Unit/Desk with tasks like photocopying, record maintenance, dak registration, marking/sending receipts/files, and other repetitive case work or assigned tasks.
Multi-Tasking Staff (MTS): Former Group ‘D’ posts (Peon, Daftary, Jamadar, Junior Gestetner Operator, Farash, Chowkidar, Safaiwala, Mali, etc.) are now MTS. Duties include but are not limited to.
- Keeping the Section/Unit clean and well-organized.
- Moving files and paperwork within the facility.
- Using copiers and fax equipment.
- Carrying out various non-administrative tasks in the Section/Unit.
- Assisting with everyday office duties, including schedule management and mailing, utilizing computers as necessary.
- Handling internal and external correspondence.
- Conducting security and monitoring activities.
- Securing and opening rooms.
- Cleaning and polishing rooms and furnishings.
- Disinfecting the structure and fixtures.
- Applying ITI qualifications for appropriate tasks when relevant.
- Driving vehicles with a current driver’s license.
- Tending to gardens, grass areas, and container plants.
- Fulfilling additional responsibilities as directed by officials.[2]
PUBLIC CORPORATION
A publicly traded company is an enterprise whose ownership is dispersed among the general populace through the issuance of stocks that are exchanged on financial markets. These entities are typically overseen by a shareholder-elected board of directors and are subject to governmental regulations designed to ensure transparency and safeguard investor interests. Such corporations acquire funds by offering equity to the public, which can be utilized for growth, innovation, or other business objectives. Notable examples include industry giants like Apple, Tesla, and Microsoft. The framework of a publicly traded company offers several benefits, such as the ability to amass substantial capital, enhanced credibility, and ease of stock trading for shareholders. Nevertheless, it also presents challenges, including stringent regulatory compliance, the obligation to regularly disclose financial results, and potential shareholder pressure to focus on short-term gains rather than long-term strategies. The open nature of these enterprises means they are answerable to a wide array of stakeholders, including investors, regulatory bodies, and the general public.
Public corporation may refer to: Government-owned corporation Public company, a limited liability company offering securities to the public. Statutory corporation, created by statute and partially or wholly government-owned (e.g., municipal councils, bar councils, universities)[3]
FEATURES OF PUBLIC CORPORATION
- A legal recognized entity: As a corporate body, it possesses a distinct legal identity and is treated accordingly. It has the capacity to form contracts, own and manage property, and engage in legal proceedings under its own name. The organization has continuous existence and a unique seal.
- Corporate structure: This entity is established through specific legislation enacted by either the national parliament or state legislature. The founding act outlines its powers, responsibilities, privileges, and relationship with government departments.
- Financially independence: The organization supports itself financially. While the government may provide initial capital and occasional loans to ensure proper functioning, it operates independently. It maintains its own assets, revenue, and expenses, separate from the national budge.
- Self-governing organization: From an administrative perspective, it functions independently. The government appoints its board of directors and chairperson. Its staff is separate from other civil services and is hired by the corporation itself.
- Distinct accounting practices : The organization employs its own accounting methods. It is not subject to the budgetary, accounting, and auditing regulations that govern departmental undertakings.
- Established for a particular objective: Each public corporation is established by law for a particular function and cannot operate outside its designated scope. For instance, LIC can provide life insurance but cannot insure property or vehicles.
- Responsible to governmental authorities: Despite its financial, personnel, and managerial autonomy, public corporations remain answerable to the government. They must operate within the policy framework set by the government, submit annual reports and other documents, and their board members can be appointed or removed by the government.
- Independence in routine operations: Public corporations are managed by a board of directors with autonomy in day-to-day affairs. The government provides policy guidelines but does not interfere in routine management matters.
- Driven by service-oriented goals, among others.: The primary goal of the corporation is to serve the public, with profit generation being a secondary consideration.[4]
DIFFERENCE BETWEEN GOVERNMENT DEPARTMENT AND PUBLIC CORRUPTION
Government Department | Public cooperation |
Established by the ministry as a government department. | Created through the enactment of a specific law in the national or state legislative body. |
Lacks distinct legal status. | Possesses independent legal identity. |
Entirely funded through government budget allocations. | Receives government funding but can also secure loans independently. |
Overseen and directed by the relevant ministry. | Managed and supervised by a government-appointed Board of Directors. |
Employees are classified as government officials and subject to civil service regulations. | Staff members are not government employees and have separate employment agreements. |
Operates under strict governmental oversight. | Enjoys administrative independence as the government does not interfere with daily operations. |
Limited operational flexibility. | Significant operational flexibility. |
Appropriate for sectors such as defense, postal services, and telecommunications. | Suitable for industrial and commercial ventures of national importance. |
CONCLUSION
The structure and functions of public cooperation and government departments within society differ markedly. Public cooperation encompasses the voluntary efforts of individuals, groups, and communities to tackle societal issues. It is characterized by grassroots participation and emphasizes adaptability and community-based solutions. Often informal, public cooperation operates through NGOs, local organizations, or private initiatives, motivated by civic duty and social responsibility.
In contrast, government departments are official entities established and managed by the state to execute policies, provide public services, and oversee societal activities. They function within a structured, bureaucratic system with clear hierarchies and duties. Government departments ensure consistency, stability, and adherence to laws, playing a vital role in maintaining order and addressing issues on a national or regional level. Unlike public cooperation, their actions are governed by legislation and governmental directives.
While each approach has its distinct advantages, they work in tandem to foster a well-balanced and inclusive society. Public cooperation brings creativity, flexibility, and community involvement, addressing challenges from the bottom up. Government departments offer the essential infrastructure, resources, and legal frameworks to implement broad-scale solutions. Together, they create a dynamic partnership, ensuring a comprehensive and effective approach to societal challenges.
REFERENCES
- Department of Legal Affairs, https://legalaffairs.gov.in/sites/default/files/Power_Duties.pdf ( last visited Dec 26th,2024).
- Pompei college Aikala,http://www.pompeicollege.in/english/pdf/ba-vsem/PUBLIC%20CORPORATIONS.pdf (last visited Dec 27th,2024)
- Yasser Khan, Difference between public corporation and government department, https://www.youtube.com/watch?v=ZCXrUPN_1K0 ( last visited Dec 28th,2024).
- Brainly. In, https://brainly.in/question/58406891 ( Last visited Dec 28th,2024).
- Byju’s, Government Department, https://byjus.com/commerce/concept-of-departmental-undertakings/ ( last visited Dec 27th,2024).
- Wikipedia, https://en.wikipedia.org/wiki/Public_corporation ( Last visited Dec 28th,2024).
[1] Byjus , Government Department, https://byjus.com/commerce/concept-of-departmental-undertakings/ ( last visited Dec 27th ,2024).
[2] Department of Legal affair, https://legalaffairs.gov.in/sites/default/files/Power_Duties.pdf ( last visited Dec 26th ,2024)
[3] Wikipedia, https://en.wikipedia.org/wiki/Public_corporation ( Last visited Dec 28th ,2024).
[4] Pompei college Aikala,http://www.pompeicollege.in/english/pdf/ba-vsem/PUBLIC%20CORPORATIONS.pdf (last visited Dec 27th ,2024)
Disclaimer: The materials provided herein are intended solely for informational purposes. Accessing or using the site or the materials does not establish an attorney-client relationship. The information presented on this site is not to be construed as legal or professional advice, and it should not be relied upon for such purposes or used as a substitute for advice from a licensed attorney in your state. Additionally, the viewpoint presented by the author is personal.
0 Comments