Uttar Pradesh Shasan Sansthagat Vitta, Kar Evam Nibandhan Anubhag -2 In pursuance of the provision of clause (3) of Article 348 of the Constitution, the Governor is pleased to order the publication of the following English translation of Government notification no. KA.NI.-2-1826/XI-9(47)/17-U_P. Act-1-2017-Order-(92)-2017 dated December 04, 2017:- NOTIFICATION No.-KA.NI.-2-1 826/XI-9(47)/17-U.P. Act-1-201 7-Order-(92)-2017 Lucknow : Dated : December 04, 2017 In exercise of the powers conferred by sub-section (1) of section 11 of the Uttar Pradesh Goods and Services Tax Act, 2017 (U.P. Act no. 1 of 2017), read with section 21 of the Uttar Pradesh General Clauses Act, 1904 (U.P. Act no. 1 of 1904), on the recommendations of the Council, the Governor is pleased to make the following further amendments in the notification KA.NI.-2-837/X1-9(47)/17-U.P.Act-1-2017-Order-(07) - 2017Dated: June 30, 2017, as amended from time to time, namely:- AMENDMENT In the aforesaid notification, -
(1) in the Schedule,
(i) for serial number 8 and 9 and the entries relating thereto, the following shall be substituted, namely: - “8 0203, All goods, fresh or chilled 0204, 0205, 0206, 0207, 0208, 0209 9 0202, All goods [other than fresh or chilled] other than those 0203, put up in unit container and, - 0204, (a) bearing a registered brand name; or 0205, (b) bearing a brand name on which an actionable claim or 0206, enforceable right in a court of law is available [other than 0207, those where any actionable claim or enforceable right in 0208, respect of such brand name has been foregone 0209, voluntarily], subject to the conditions as in the 0210 ANNEXURE IJ”;
(ii) Serial numbers 10,11,12,13,14,15,16,17 and the entries thereof shall be omitted;
(iii) for serial number 21 and 22 and the entries relating thereto, the following shall be substituted, namely: - “21 0304, All goods, fresh or chilled 0306, 0307, 0308 22 0303, All goods [other than fresh or chilled] and other than 0304, those put up in unit container and, - 0305, (a) bearing a registered brand name; or 0306, (b) bearing a brand name on which an actionable claim or 0307, enforceable right in a court of law is available [other than 0308 those where any actionable claim or enforceable right in respect of such brand name has been foregone voluntarily], subject to the conditions as in the ANNEXURE I J” ;
(iv) Serial number 23,24 and the entries thereof shall be omitted;
{v) after serial number 30 and the entries relating thereto, the following serial number and the entries shall be inserted, namely: - “30A 0504 All goods, fresh or chilled 30B 0504 All goods [other than fresh or chilled] other than those put up in unit container and, -
(a) bearing a registered brand name; or
(b) bearing a brand name on which an actionable claim or enforceable right in a court of law is available [other than those where any actionable claim or enforceable right in respect of such brand name has been foregone voluntarily], subject to the conditions as in the ANNEXURE IJ” ;
(vi) after serial number 43 and the entries relating thereto, the following serial number and the entries shall be inserted, namely: - “438A 0710 Vegetables (uncooked or cooked by steaming or boiling in water), frozen, other than those put up in unit container and, -
(a) bearing a registered brand name; or
(b) bearing a brand name on which an actionable claim or enforceable right in a court of law is available [other than those where any actionable claim or enforceable right in respect of such brand name has been foregone voluntarily], subject to the conditions as in the ANNEXURE IJ” ;
(vii) in serial number 46, in column (3), for the words “fresh or chilled” the words “fresh or chilled, dried” shall be substituted;
(viii) after serial number 46 and the entries relating thereto, the following serial numbers and the entries shall be inserted, namely: - “46A 0714 Manioc, arrowroot, salep, Jerusalem artichokes, sweet potatoes and similar roots and tubers with high starch or inulin content, frozen, whether or not sliced or in the form of pelletsother than those put up in unit container and, -
(a) bearing a registered brand name; or
(b) bearing a brand name on which an actionable claim or enforceable right in a court of law is available [other than those where any actionable claim or enforceable right in respect of such brand name has been foregone voluntarily], subject to the conditions as in the ANNEXURE I] 46B 08 Dried makhana, whether or not shelled or peeled [other than those put up in unit container and,-
(a) bearing a registered brand name; or
(b) bearing a brand name on which an actionable claim or enforceable right in a court of law is available [other than those where any actionable claim or enforceable right in respect of such brand name has been foregone voluntarily], subject to the conditions as in the ANNEXURE JJ”;
(ix) in serial number 77, in the entry in column(3),for the words “Flour of potatoes” the words “Flour, powder, flakes, granules or pellets of potatoes”, shall be substituted;
(x) after serial number 78 and the entries relating thereto, the following serial number and the entries shall be inserted, namely: - [*78A | 1106 1010 | Guar meal”; |
(xi) after serial number 87 and the entries relating thereto, the following serial number and the entries shall be inserted, namely: - “87A 1210 10 00 | Hop cones, neither ground nor powdered nor in the form of pellets” ;
(xii) after serial number 93 and the entries relating thereto, the following serial number and the entries shall be inserted, namely: - | “934 | 1404 90 60 | coconut sheli, unworked”; |
(xiii) in serial number 94, for the entry in column 3, the entry “Jaggery of all types including Cane Jaggery (gur), Palmyra Jaggery; Khandsari Sugar” shall be substituted;
(xiv) in serial number 103, for the entry in column (3), the entry“Salt (including table salt and denatured salt) and pure sodium chloride, whether or not in aqueous solutions or containing added anti-caking or free flowing agents; sea water’, shall be substituted;
(xv) after serial number 103 and the entries relating thereto, the following serial number and the entries shall be inserted, namely: - 3 [ “103A | 26 | Uranium Ore Concentrate”; |
(xvi) after serial number 136 and the entries relating thereto, the following serial number and the entries shall be inserted, namely: - [“136A__[ 7113 __| Bangles of lac/ shellac”: ‘|
(2) in the Explanation, in clause (ii), for sub-clause (b), the following sub-clause shall be substituted, namely: -
(b) The phrase “registered brand name” means, - (A) a brand registered as on or after the 15th May 2017 under the Trade Marks Act, 1999 irrespective of whether or not the brand is subsequently deregistered;
(B) a brand registered as on or after the 15th May2017 under the Copyright Act, 1957(14 of 1957);
(C) a brand registered as on or after the 15th May2017 under any law for the time being in force in any other country.”.
2. This notification shall be deemed to have come into force with effect from the 15" day of November, 2017.
By Order, r (Rajeridra Kumar Tiwari) Apar Mukhya Sachiv