The Payment and Settlement Systems Act, 2007
Why in news
The Central Government released an official clarification assuring citizens that everyday Person-to-Person (P2P) and general merchant UPI transactions will remain completely free. This reassurance followed widespread public apprehensions surrounding proposed amendments to Section 10A of the Payment and Settlement Systems Act (PSS Act), 2007, which were introduced through the Taxation and Other Laws (Amendment) Bill, 2026.
Prelims focus
- Enactment Date: The PSS Act came into force on August 12, 2008.
- Regulatory Body: Reserve Bank of India (RBI) is designated as the sole authority to regulate and license payment systems, assisted by the Payments Regulatory Board (PRB).
- Mandatory Authorization: Operating any payment system without explicit prior RBI authorization is prohibited.
- Settlement Finality: The Act provides legal recognition to netting and settlement finality, shielding transactions from insolvency unwinding.
- Section 25 Offence: Punishes the dishonour of electronic fund transfers due to insufficient funds, creating legal parity with the Negotiable Instruments Act, 1881.
- 2026 Amendment: Proposed via the Taxation and Other Laws (Amendment) Bill, 2026 modifying Section 10A.
- Prelims Trap: The recent amendment abolishes all transaction fees permanently for everyone. (Correction: It creates an enabling framework for threshold-based MDR on large merchants, while consumer P2P transactions remain free.)
- Prelims Trap: The PSS Act gives direct investigative powers exclusively to SEBI over payment networks. (Correction: The statutory authority is the RBI.)
Mains analysis
Background
The Payment and Settlement Systems Act, 2007 was enacted to establish a comprehensive legal foundation for the supervision and regulation of all payment systems in India. Assented to in December 2007, it became operational on August 12, 2008, empowering the Reserve Bank of India and the Payments Regulatory Board to oversee traditional and digital financial networks.
Significance
The legislation provides essential legal certainty to financial transactions by guaranteeing settlement finality and protecting netting arrangements against insolvency proceedings. Furthermore, Section 25 aligns electronic fund transfers with traditional banking instruments by criminalizing payment failures due to insufficient funds.
India-specific Implications
With the exponential growth of UPI, the PSS Act serves as the backbone for India's digital public infrastructure. The proposed 2026 amendment to Section 10A via the Taxation and Other Laws (Amendment) Bill introduces an enabling framework for the Merchant Discount Rate (MDR) managed by the **NPCI-**led UPI and Services Steering Committee.
Challenges and Criticisms
Proposed statutory adjustments to merchant fee structures triggered public anxiety regarding the potential commercialization of digital public goods and the introduction of hidden consumer charges.
Way Forward
The government and regulatory bodies must maintain transparency, ensuring that any future fee structures remain targeted exclusively at large commercial entities above high thresholds, keeping everyday citizen transactions completely free.