The Specific Relief Act, 1963
Administered Ministry: Ministry of Law and Justice / Legislative Department
Act details
| Short title | The Specific Relief Act, 1963 |
|---|---|
| Long title | An Act to define and amend the law relating to certain kinds of specific relief. |
| Act number | 47 of 1963 |
| Act year | 1963 |
| Enactment date | 13 Dec 1963 |
| Ministry | Ministry of Law and Justice / Legislative Department |
| Department | Legislative Department |
| Jurisdiction | Central (Parliament of India) |
| Sections | 48 |
| Schedules | 1 |
| Status | Not repealed |
| Last checked on India Code | 4 Nov 2026 |
| Source | India Code, Government of India |
Summary
Summary of Specific Relief Act, 1963
Scope and Application
• Title, Extent, and Commencement: The Specific Relief Act, 1963, applies to the whole of India (with historical exceptions now omitted).
• Purpose: To define and amend the law relating to certain kinds of specific relief.
Key Provisions Summary
• Definitions: Includes "obligation", "settlement", "trust", "trustee", with other terms defined by reference to the Indian Contract Act, 1872.
• Savings: Does not deprive any person of relief other than specific performance or affect the Indian Registration Act, 1908.
• Specific Relief Limitation: Granted only for enforcing individual civil rights, not penal laws.
2. Specific Relief
• Chapter I: Recovering Possession of Property
• Sections 5-8: Provisions for recovery of specific immovable and movable property, including liability of persons in possession not as owners.
• Chapter II: Specific Performance of Contracts
• Sections 9-19: Defences, contracts that can/cannot be specifically enforced, who may obtain specific performance, personal bars, and more.
Legislative history
Legislative History:
The Specific Relief Act, 1963
● Act Title - The Specific Relief Act, 1963
● Act Number / Year - 47 of 1963
● Act ID (India Code) - 196347
● Presidential Assent Date - December 13, 1963
● Enforcement Date - March 1, 1964
● Nodal Ministry - Ministry of Law and Justice
Precedent & Historical Rationale
● Restructuring and Codification of Equitable Remedies - Enacted to define and amend the law relating to certain kinds of specific relief, replacing the outdated Specific Relief Act, 1877 based on the recommendations of the Law Commission of India (9th Report).
● Enforcement of Civil and Contractual Rights - Formulated to provide statutory mechanisms for enforcing individual civil rights—rather than penal laws—including specific performance of contracts, recovery of possession of property, rectification/cancellation of instruments, declaratory decrees, and preventive relief through injunctions.
Parliamentary Trajectory & Enactment
● Formulation - Introduced by the Ministry of Law to simplify procedure, remove judicial ambiguities regarding discretionary remedies, and align equitable relief principles with modern commercial conditions.
● Parliamentary Passage - Debated and passed by both Houses of Parliament (Third Lok Sabha and Rajya Sabha) during the November–December 1963 winter session.
● Presidential Assent - Received Presidential Assent on December 13, 1963.
● Enforcement - Enforced on March 1, 1964.
Source - Official Record of Parliament, India Code, and Ministry of Law and Justice.