Sections 1-2 explained: this guide covers what it means, who it applies to, the step-by-step process, documents required, fees, due dates and penalties in India — so you can stay compliant with confidence and avoid costly mistakes.
Sections 1 and 2 are the opening provisions of the Specific Relief Act, 1963. Section 1 gives the Act its name, says where it extends and says how it begins to operate. Section 2 defines four terms (obligation, settlement, trust and trustee) and sends every other undefined word to the Indian Contract Act, 1872.
This article follows the consolidated text of the Act consulted (amendments shown up to Act 18 of 2018). Later amendments should be checked before you rely on any provision.
Section 1 says the Act is called the Specific Relief Act, 1963, extends as printed to the whole of India with one exception named in the text, and came into force on a date fixed by the Central Government by notification. A footnote gives that date as 1 March 1964. Section 2 defines obligation, settlement, trust and trustee, and says that any other word not defined here but defined in the Indian Contract Act, 1872 has the meaning given there.
Section 1: title, extent and commencement
Section 1(1) says: "This Act may be called the Specific Relief Act, 1963." That is the only job of the sub-section. Citations, pleadings and agreements that refer to "the Specific Relief Act" mean this statute, Act 47 of 1963.
Section 1(2) is the extent clause. As printed in the text consulted, it reads: "It extends to the whole of India except the State of Jammu and Kashmir." The extent clause should be checked in the current Act, because the text consulted shows nothing later than the 2018 amendment and this article does not say whether the clause has been altered since.
Section 1(3) deals with commencement. It says the Act "shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint." The text carries a footnote at that point: the date was 1 March 1964, under notification No. S.O. 189 dated 13 January 1964, published in the Gazette of India, Extraordinary, Part II, section 3(ii). So the Act received its enactment date of 13 December 1963 (printed under the title) but began to operate only on 1 March 1964.
| Sub-section | What it does | What the text consulted shows |
|---|---|---|
| 1(1) | Short title | "Specific Relief Act, 1963" |
| 1(2) | Extent | Whole of India except the State of Jammu and Kashmir, as printed |
| 1(3) | Commencement | Date to be appointed by Central Government notification; footnote gives 1 March 1964 |
The enacting words printed before Part I read "as follow" rather than "as follows". That is how the consulted print has it, and it is noted here only so that a reader comparing texts is not surprised.
The long title describes the Act as one "to define and amend the law relating to certain kinds of specific relief". For a business with a contract dispute, the practical point is that this Act does not create the contract or the right; it supplies the court orders (possession, performance, correction, cancellation, declaration, injunction) by which a right that already exists can be enforced in specie. If you want a first orientation on the whole Act, see our introduction to the Specific Relief Act, 1963, and if you are weighing a dispute under a contract you can speak to us about your legal position.
Section 2: the definitions
Section 2 opens with the words "In this Act, unless the context otherwise requires". The phrase matters: the meanings below apply throughout the Act, but a section whose context points elsewhere can read differently.
2(a) "obligation" "includes every duty enforceable by law". The word is inclusive, so it is not limited to duties arising from a contract. Section 38 on perpetual injunctions, for instance, speaks of an "obligation" existing in favour of the plaintiff, and it separates obligations arising from contract from other obligations. The definition is the reason that wider reading is available.
2(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". In plain words, it is a document that arranges who gets which interest in property one after another, such as a family arrangement that gives a life interest to one person and the remainder to another. A will or codicil is excluded. A printing slip: the bracket opened before "other than a will or codicil" is never closed in the text consulted. Section 15 of this Act (who may obtain specific performance) and section 25 (awards and wills) both use the word, which is why it is defined at the start. For a related practical subject see our post on registration of settlement deeds.
2(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". The Act does not restate what a trust is. It borrows the definition from the Trusts Act. To understand how a trust comes into existence under that law, read our post on the Indian Trusts Act, 1882 on how a trust is created, and for the obligations in the nature of a trust, our post on Indian Trusts Act, 1882 sections 80-83.
2(d) "trustee" "includes every person holding property in trust". The verb "includes" again makes the definition wide: anyone who holds property in trust is within it, whatever title they carry.
2(e) all other words "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." This is a borrowing clause. Words such as "contract", "promise", "agreement" and "consideration" are not defined in the Specific Relief Act; the Contract Act supplies them. Our post on the Indian Contract Act, 1872, section 2 definitions explains that vocabulary.
| Clause | Term | Definition in short | Where the meaning comes from |
|---|---|---|---|
| 2(a) | Obligation | Every duty enforceable by law | This Act |
| 2(b) | Settlement | Instrument (not a will or codicil) disposing of successive interests in property | This Act, with the Indian Succession Act, 1925 for will and codicil |
| 2(c) | Trust | Same meaning as section 3 of the Indian Trusts Act, 1882, plus obligations in the nature of a trust under Chapter IX | Indian Trusts Act, 1882 |
| 2(d) | Trustee | Includes every person holding property in trust | This Act |
| 2(e) | Other words | Meanings given in the Indian Contract Act, 1872 | Indian Contract Act, 1872 |
Why these definitions matter in practice
A buyer, landlord, contractor or company seeking specific relief should read section 2 before reading any later section, for three reasons.
First, the Act depends on other laws for its vocabulary. If the question is whether a document is a "contract" or whether an "agreement" is enforceable, the answer sits in the Contract Act, not here. Second, "trust" and "trustee" turn up in several provisions, including those on suits for movable property, on specific performance of contracts connected with trusts and on the effect of a declaration, so the borrowed definition shapes who may sue and who is bound. Third, "obligation" is wide enough to reach duties that are not contractual, which is why the Act can deal with injunctions to prevent a breach of such duties.
The next provisions, sections 3 and 4, deal with savings and with the limit that specific relief is for individual civil rights; read them in our article on sections 3-4 of the Specific Relief Act.
Need help with a dispute that turns on these definitions?
If a document you hold looks like a settlement, a trust or a contract and you are unsure which Act and which remedy applies, a short review of the papers usually settles it. You can book a legal consultation to talk through the facts before any step is taken.
Key takeaways
- Section 1(1) names the Act the Specific Relief Act, 1963 (Act 47 of 1963).
- Section 1(2), as printed in the text consulted, extends the Act to the whole of India except the State of Jammu and Kashmir; check the extent clause in the current Act.
- Section 1(3) leaves commencement to a Central Government notification; the footnote gives 1 March 1964.
- Section 2 defines obligation, settlement, trust and trustee, and sends other words to the Indian Contract Act, 1872.
- The definitions apply "unless the context otherwise requires".
Read next
- Sections 3-4 of the Specific Relief Act, 1963: savings and relief only for individual civil rights
- Sections 5-6 of the Specific Relief Act, 1963: recovery of immovable property and suit by a dispossessed person
- Introduction to the Specific Relief Act, 1963
Disclaimer: Based on a consolidated text of the Specific Relief Act, 1963 showing amendments up to the Specific Relief (Amendment) Act, 2018 (in force from 1 October 2018), as consulted on 2 October 2026. Later amendments, notifications under the Act and the law of limitation should be checked. This article is general information, not legal advice; check the official text before acting.