ABSTRACT

The Rangoon Report says that ‘the single most critical control point is the law, decree or other basic authority providing for the creation of a public enterprise’, and that 'this is likely to determine in large measure all other organisational relationships.' The most familiar type of law is the special constituting statute. This is normally employed when a public corporation is created, but may also be used to establish other types of enterprise. It gives the undertaking its name and legal status, specifies its purpose, endows it with general and particular powers, prescribes its formal relations with governmental authorities, and provides it with sources of finance. General laws relating to public enterprise, or applying to public enterprises specifically brought within their scope, have been passed in the United States, Canada, Turkey and the Philippines. In Turkey, a greater appearance of orderliness has been achieved through the application of the provisions of Law 3460 of 1938.