Expert Committee’S Recommendations for Examining Specific Relief Act, 1963 [ Current Affairs ]

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To examine the Specific Relief Act, 1963 the Expert Committee was constituted which had submitted its report to Union Law and Justice Minister D. Sadananda Gowda and suggested to recommended changes in the decades old law to confirm the ease of doing business in the country.

  • The approvals have been made in the context of the various developments which have taken place in 1963 from the representation of law.
  • It also has occupied into consideration of current changed scenario including public private partnerships (PPP), contract-based infrastructure developments and other public projects, relating huge investments.

Key Recommendations

  • Making changes in the present requirements of the Act so that specific performance is contracted as a general rule.
  • Suggested recommendations over the matter to funding compensation or damages for non-performance endured as an exception.
  • Provide recommendations for dropping the discretion granted to committees and courts while compromise performance and injunctive reliefs.
  • Present requirements for rights of third parties (other than for contracts of Government) and reflect addressing unfair contracts, unconscionable contracts, mutuality in contracts etc.
  • Necessity to classify different public effectiveness contracts as a distinct class by recognizing the characteristic public attention and the significance to be addressed in the parent Act.
  • Flat functioning of Public works projects can be successfully managed over a monitoring system and supervisory mechanism.
  • Any public work essential progress without interruption.
  • The role of judges in this implementation is to restrict the minimum amount so that projects of public works will not be delayed or impeded.

- Published on: June 22, 2016