The Closing Sections of the Act, and What Was Repealed
Chapter Ninety-Three
Syllabus topic 4.2, "KINDS OF RELIEF IN Specific Relief Act 1963"
Pages 459 to 462 of 462
In one line
The Act's last two numbers are gone, and this chapter exists so that a reader who meets them knows they are gone rather than missing.
In the words a student can write in an exam: the operative provisions of the Specific Relief Act 1963 end at section 42. Sections 43 and 44 are repealed, and what follows in the current print is the Schedule, inserted by the Specific Relief (Amendment) Act 2018, which defines the infrastructure projects to which sections 20A, 20B and 41(ha) apply.
Why this chapter exists
A student reading the Act, or an index to it, meets the numbers 43 and 44 and finds nothing behind them. The natural conclusion is that something has been left out of the copy in front of them, and a student who is unsure whether their materials are complete cannot revise with confidence.
They are not missing. They are repealed, and the Act's own arrangement of sections says so.
What the bare Act does and does not tell us, stated exactly. The India Code consolidated print lists both section 43 and section 44, in its arrangement of sections, as repealed, each entry consisting of the word "Repealed" in square brackets and nothing else. The body of the Act carries no text and no footnote for either: it runs from section 42 straight to the Schedule. So the print records that they are repealed and does not record by which enactment. This chapter says only what the source says.
Where the Act actually ends
| Part | Chapter | Sections | Subject |
|---|---|---|---|
| I | Preliminary | 1 to 4 | title, definitions, savings, the section 4 limit |
| II | I | 5 to 8 | recovering possession of property |
| II | II | 9 to 25 | specific performance of contracts |
| II | III | 26 | rectification of instruments |
| II | IV | 27 to 30 | rescission of contracts |
| II | V | 31 to 33 | cancellation of instruments |
| II | VI | 34, 35 | declaratory decrees |
| III | VII | 36, 37 | injunctions generally |
| III | VIII | 38 to 42 | perpetual injunctions |
| repealed | 43, 44 | nothing; both repealed | |
| the Schedule | infrastructure projects, inserted 2018 |
So the last operative section is 42, and every section from 1 to 42 has been covered in this Module.
The Schedule
The Schedule was inserted by section 14 of the Specific Relief (Amendment) Act 2018, with effect from 1 October 2018, and the footnote in the bare Act records the insertion.
What it does. The Explanation to section 20A provides that, for the purposes of section 20A, section 20B and clause (ha) of section 41, the expression "infrastructure project" means the category of projects and infrastructure sub sectors specified in the Schedule. The Schedule is therefore the definition on which all three provisions depend.
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