The Legislative Department in the Ministry of Law & Justice has constituted an expert committee to review the Specific Relief Act, 1963.
The Specific Relief Act, 1963 provides for the law relating to certain kind of specific relief.
The decision has been taken in view of tremendous developments that have taken place after 1963 and also in the context of present scenario involving contract based infrastructure development, public private partnerships and other public projects involving huge investments and enforceability of the contracts thereof.
The review of the Act will also ensure ease of doing business. The Specific Relief Act has not been amended since its inception.
The Committee will have 05 members besides the Chairman. It will examine the Act and submit its report within three months.
About ‘Specific Relief Act 1963’:
The ‘Specific Relief Act 1963’ is an Act of the Parliament of India large number of remedial aspects of law. It came in the replacement of the earlier Act of 1877.
Protection of life and property cannot be assured by a simple declaration of rights and duties. The enumeration of rights and duties must be supplemented by legal devices which help the individual to enforce his rights.
Social redress must be provided to every person who is injured in the social process. Basically, the mission of the Specific Act is to assure that whenever there is a wrong there must be a remedy.
Remedies are generally provided by the branch of substantive law which defines its rights and duties for its own purposes.
The law of contract provides the remedy of damages for breach of contract. Similarly the law of tort provides for recovery in cases of tortuous wrongs. However, substantive laws can never afford to be exhaustive in terms of their remedies and reliefs. Scope of the
Act remains specific to provide a network of relief. The Act does not confer any Rights on itself. Specific relief is only provided for the violation of a legal right.