In the beginning of 11th five year plan Planning commission through Department of Pharmaceuticals approved a plan project ‘Setting up a Department of Intellectual Property Rights at NIPER’ with an approved financial outlay of Rs.2.25 crores. However at the end of 11th five year plan no ‘Department of Intellectual Property Rights’ established at NIPER what happened to Rs.2.25 crores?
General Financial Rules, 2005
Government of India Ministry of Finance Department of Expenditure
Rule 26. Responsibility of Controlling Officer in respect of Budget allocation: The duties and responsibilities of a controlling officer in respect of funds placed at his disposal are to ensure :
(i) that the expenditure does not exceed the budget allocation.
(ii) that the expenditure is incurred for the purpose for which funds have been provided.
(iii) that the expenditure is incurred in public interest.
(iv) that adequate control mechanism is functioning in his department
for prevention, detection of errors and irregularities in the financial proceedings of his subordinate offices and to guard against waste and loss of public money, and
(v) that mechanism or checks contemplated at (iv) above are effectively applied.
Budgetary Allocation for ‘Setting
up a Department of Intellectual Property Rights at NIPER’ (Rs. Lacs)
2007‐08 2008‐09 2009‐10 2010‐11 2011‐12 Total
30.00
40.00 45.00
50.00
60.00 225.00”
“ Objectives
(of Proposed Department of Intellectual Property Rights)
1. Human Resource Development: To
help in human resource development in IPRs to meet the demands and challenges
of Pharma academic institutes and Industry for 'IPR Literate' pharma
professionals.
2. Nodal centre for Studies: To act
as a nodal centre for IPR related Pharma/Drug/health issues and studies.
3. IPR services for Industry and sister
institutes: To provide IPR portfolio services to Pharma Industry and
also sister institutes.
4. IPR capital generation for Institute: To
carry out IP protection and commercialization of research work being conducted
at the institute, for revenue generation and also to benefit society.
5. Protection of Traditional Knowledge: To
promote IPP of traditional knowledge w.r.t. Indian system of medicine.
6. Continuing Education and Distance
Learning: Participation in continuing education and Distance Learning
programs on IPRs by organizing training courses, workshops etc. on regular
basis for pharma professionals and also starting a Distance Learning Program in
IPRs for Pharma Industry Professionals, who are unable to join the regular
course.
Expenditure Heads
1.
Human resources
2. Infrastructural
However at the end of
11th five year plan no ‘Department
of Intellectual Property Rights’ established at NIPER what happened to Rs.2.25 crores.
“Director NIPER Mohali reported that the funds released to them on
account of Intellectual Property Rights were used as under:
Particulars
|
2007-08
|
2008-09
|
2009-10
|
Budget Allottment
|
30.00
lacs
|
36.00
lacs
|
45.00
lacs
|
Expenditure
|
|||
Sci-finder
|
22.36
lacs
|
26.73
lacs
|
26.73 lacs
|
Patent
Filing Expenses
|
04.95
lacs
|
07.06
lacs
|
04.65
lacs
|
As per the approved 11th five year
Plan Document of the Department of Chemicals and Petrochemicals, THERE WAS NO
PROVISION FOR PURCHASE OF SOFTWARE OR PATENT FILING under the project on Intellectual Property Rights
(IPRs).
Under the project only two budget heads were approved-
Manpower and infrastructure development. Money was released mainly for hiring
and training of manpower and for creation of infrastructure. Purchase
of a single user software Sci-finder at a cost of more than Rs.21 lacs per year
from the project and also spending money on filing of patents (a non-plan,
regular expenditure activity), were expenditures which were
not approved under the project. Hence both activities amounted to SERIOUS
MISAPPROPRIATION OF FUNDS.
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