Mode of repayment of certain loans or deposits.

269T. No branch of a banking company or a co-operative bank and no other company or co-operative society and no firm or other person shall repay any loan or deposit made with it “or any specified advance received by it” otherwise than by an account payee cheque or account payee bank draft drawn in the name of the person who has made the loan or deposit “or paid the specified advance,” or by use of electronic clearing system through a ¹[bank account or through such other electronic mode as may be prescribed] if—

(a) the amount of the loan or deposit “or specified advance” together with the interest, if any, payable thereon, “or”

(b) the aggregate amount of the loans or deposits held by such person with the branch of the banking company or co-operative bank or, as the case may be, the other company or co-operative society or the firm, or other person either in his own name or jointly with any other person on the date of such repayment together with the interest, if any, payable on such loans or deposits, or

(c) the aggregate amount of the specified advances received by such person either in his own name or jointly with any other person on the date of such repayment together with the interest, if any, payable on such specified advances,” is twenty thousand rupees or more:

Provided that where the repayment is by a branch of a banking company or co-operative bank, such repayment may also be made by crediting the amount of such loan or deposit to the savings bank account or the current account (if any) with such branch of the person to whom such loan or deposit has to be repaid :

Provided further that nothing contained in this section shall apply to repayment of "any loan or deposit", “or specified advance” taken or accepted from-

(i)  Government;

(ii)  any banking company, post office savings bank or co-operative bank;

(iii)  any corporation established by a Central, State or Provincial Act;

(iv)  any Government company as defined in section 617 of the Companies Act, 1956 (1 of 1956);

(v)  such other institution, association or body or class of institutions, associations or bodies which the Central Government may, for reasons to be recorded in writing, notify in this behalf in the Official Gazette.

²[Provided also that the provisions of this section shall have effect, as if for the words “twenty thousand rupees”, the words “two lakh rupees” had been substituted in the case of any deposit or loan where,––

(a) such deposit is paid by a primary agricultural credit society or a primary co-operative agricultural and rural development bank to its member; or

(b) such loan is repaid to a primary agricultural credit society or a primary co-operative agricultural and rural development bank by its member.]

Explanation.- For the purposes of this section,-

(i) "banking company" shall have the meaning assigned to it in clause (i) of the Explanation to section 269SS;

³[(ii) “co-operative bank", “primary agricultural credit society” and “primary co-operative agricultural and rural development bank” shall have the meanings respectively assigned to them in Explanation to sub-section (4) of section 80P]

(iii) "loan or deposit" means any loan or deposit of money which is repayable after notice or repayable after a period and, in the case of a person other than a company, includes loan or deposit of any nature.

(iv) “specified advance” means any sum of money in the nature of advance, by whatever name called, in relation to transfer of an immovable property, whether or not the transfer takes place.’

Note-

1.  Substituted by The Finance Act, 2019 w.e.f. 01.09.2019

In section 269T, for the words

bank account

the following shall be substituted namely,

bank account or through such other electronic mode as may be prescribed.

2. Inserted by the Finance Act, 2023 dated 01.02.2023 w.e.f 01.04.2023.

3. Substituted by the Finance Act, 2023 dated 01.02.2023 w.e.f 01.04.2023.

in the Explanation, for clause (ii),

(ii) "co-operative bank" shall have the meaning assigned to it in Part V of the Banking Regulation Act, 1949 (10 of 1949);

the following shall be substituted namely-

‘(ii) “co-operative bank", “primary agricultural credit society” and “primary co-operative agricultural and rural development bank” shall have the meanings respectively assigned to them in Explanation to sub-section (4) of section 80P"