(1) This Act may be called the Specific Relief Act, 1963.
(2) It extends to the whole of India 1 [***].
(3) It shall come into force on such date2 as the Central Government may, by notification in the Official Gazette, appoint.
(1. The words "except the State of Jammu and Kashmir" omitted by Act 34 of 2019, s. 95 and 96 and the Fifth Schedule (w.e.f. 31-10-2019).)
(2. 1st March, 1964, vide notification No. S.O. 189, dated 13th January, 1964, see Gazette of India, Extraordinary, Part II, sec. 3(ii).)
In this Act, unless the context otherwise requires,—
(a) “obligation” includes every duty enforceable by law;
(b) “settlement” means an instrument (other than a will or codicil as defined by the Indian Succession Act, 1925 (39 of 1925), whereby the destination or devolution of successive interests in movable or immovable property is disposed of or is agreed to be disposed of;
(c) “trust” has the same meaning as in section 3 of the Indian Trusts Act, 1882 (2 of 1882), and includes an obligation in the nature of a trust within the meaning of Chapter IX of that Act;
(d) “trustee” includes every person holding property in trust;
(e) all other words and expressions used herein but not defined, and defined in the Indian Contract Act, 1872 (9 of 1872), have the meanings respectively assigned to them in that Act.
Except as otherwise provided herein, nothing in this Act shall be deemed—
(a) to deprive any person of any right to relief, other than specific performance, which he may have under any contract; or
(b) to affect the operation of the Indian Registration Act, 1908 (16 of 1908), on documents.
Specific relief can be granted only for the purpose of enforcing individual civil rights and not for the mere purpose of enforcing a penal law.
