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.
1. Human resources
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:
Patent Filing Expenses
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.