Section 38
Section 38 of Tlr&lr Act. 1960. The settlement officer calculate the assessment on each holding in accordance with the revenue-rates confirmed and finally published under section 34 and such assessment shall be the fair assessment.
(1) The settlement officer calculate the assessment on each holding in accordance with the revenue-rates confirmed and finally published under section 34 and such assessment shall be the fair assessment.
(2) The settlement officer shall have the power to make fair assessment on all lands whatsoever to which the revenue survey extends, whether such lands are held with liability to pay full land revenue or land revenue at concessional rates or are held revenue free.
(3) The fair assessment of all lands be calculated in accordance with rules made in this behalf and having regard to the following principles, namely ;-- (a) no regard shall be had to any claim to hold land on privileged terms;
(b) regard shall be had in the case of agricultural land to the profits of agriculture, to the consideration paid for leases, to the sale prices of land and to the principal monies on mortgages, and in the case of non-agricultural land, to the value of the land for the purpose for which it is held:
(c) where any improvement has been effected at any time in any holding held for the purpose of agriculture by or at the expense of the holder thereof, the fair assessment of such holding shall be fixed as if the improvement had not been made.
Section 38, Tlr&lr Act. 1960 (Act 43 of 1960).
Cross-references
Extracted from the operative text of the enactments themselves. Every destination below exists in our corpus.
Questions about Section 38
How do I find court cases under Section 38 of the Tlr&lr Act. 1960?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: TLR LR Act 1960 38, section 38 TLR LR Act 1960, section 38 of the Tlr&lr Act. 1960. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome.
What should I read with Section 38 of the Tlr&lr Act. 1960, and has it changed?
Its own text turns on section 34, so none of them can safely be read on its own. 1 other provision in this corpus refers back to it.
When was the Tlr&lr Act. 1960 enacted?
Tlr&lr Act. 1960 was enacted in 1960 as Act 43 of 1960. India Code records no commencement date for it. It is in force as at the date shown on this page.
Other sections of this Act
Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Read from the Government's own scanned gazette with Azure Document Intelligence, then split into sections by their numbering. India Code publishes no text for this Act. The scan itself is mirrored into our own storage and served at /scan/75c77364-e0d3-4f73-84f1-0034a85da542.pdf, so the reading here can be checked against the page it came from without depending on India Code's own copy staying where it is (it was at https://indiacode.gov.in/server/api/core/bitstreams/f9aa6961-a775-4fe7-85f2-ad3f6f6fe504/content). This page is not a substitute for legal advice.