Schedule 1 of The Specific Relief Act, 1963
The full text of this Schedule is only available as a PDF on India Code: https://upload.indiacode.nic.in/schedulefile?aid=AC_CEN_3_20_00009_196347_1517807320084&rid=46
Summary
- The Schedule lists categories and sub-sectors of projects that are classified as infrastructure projects under the Act.
- It contains five main categories, which are Transport, Energy, Water and Sanitation, Communication, and Social and Commercial Infrastructure.
- Transport projects include roads, bridges, ports, shipyards, inland waterways, airports, railway tracks, station terminals, and urban public transport.
- Energy and Water categories cover power generation, transmission, distribution, pipelines, storage, waste management, sewage systems, and irrigation.
- Social and Commercial Infrastructure includes educational institutions, sports infrastructure, hospitals, certain hotels, industrial parks, and affordable housing.
- Affordable housing is defined under this Schedule as projects using at least fifty percent of the Floor Area Ratio or Floor Space Index for dwelling units with a carpet area of not more than sixty square meters.
Practical examples
FAQ
1. Can the Central Government modify the list of projects in the Schedule?
Yes, the Central Government has the power to amend the Schedule by notification in the Official Gazette if it considers it necessary or expedient for infrastructure development. This notification must then be laid before both Houses of Parliament for a total of thirty days.
2. Does a three-star hotel located inside a major city with two million people qualify under the Schedule?
No. Under the Social and Commercial Infrastructure category of the Schedule, tourism infrastructure only includes three-star or higher category hotels that are located outside cities with a population of more than one million.
3. What specific requirements must a housing project meet to qualify as affordable housing under the Schedule?
To qualify as affordable housing under the Social and Commercial Infrastructure category, the housing project must use at least fifty percent of its Floor Area Ratio or Floor Space Index for dwelling units that have a carpet area of not more than sixty square meters.
Test yourself
Q1.Under Schedule 1 of The Specific Relief Act, 1963, which of the following transport sub-sectors is explicitly listed?
Q2.Under Schedule 1 of The Specific Relief Act, 1963, how is a tourism hotel project classified as an infrastructure project?
Q3.Under Schedule 1 of The Specific Relief Act, 1963, what is the minimum percentage of Floor Area Ratio (FAR) or Floor Space Index (FSI) that a housing project must use for small dwelling units to qualify as affordable housing?
Q4.Under Schedule 1 of The Specific Relief Act, 1963, read along with Section 20A of the Act, what is the primary legal consequence of a contract relating to an infrastructure project listed in the Schedule?
Q5.Under Schedule 1 of The Specific Relief Act, 1963, which of the following is categorized under the Energy category as an infrastructure sub-sector?
Q6.Under Schedule 1 of The Specific Relief Act, 1963, read along with Section 20B of the Act, which judicial authority is responsible for trying suits related to contracts for infrastructure projects listed in the Schedule?