Section 5 in Tamil Nadu Estates Land (Reduction of Rent) Act, 1947
5. [ State Government to make good income lost by religious, education or charitable institution. [Substituted for the words 'at a rate exceeding that fixed in the order' by section 3 of the Tamil Nadu Estates Land (Reduction of Rent) Second Amendment Act, 1951 (Tamil Nadu Act XXXIX of 1951), deemed to have come into force on the 7th January 1948.]
(1)[(i)] Where, by reason of the foregoing provisions, the net income derived by any religious, educational or charitable institution from any estate or part of an estate belonging to it, in the fasli year 1357 or in any subsequent fasli year until the commencement of the fasli year in which the estate may finally be taken over by the State Government becomes less than the net income which the institution would have derived in such fasli year if the rates of rent had not been reduced under this Act, the State Government shall pay the difference to the institution at the end of the fasli year in question.(ii)[] [Sub-section (1) of section 5 was renumbered as clause (i) of that sub-section and clause (ii) was inserted by section 3(a) of the Tamil Nadu Estates Land (Reduction of Rent) Amendment Act, 1963.] Where in respect of any such land as is referred to in section 3-F, sub-section (1), any religious, educational or charitable institution is entitled to recover from the tenant any amount in pursuance of sub-section (2) of that section, the State Government shall in addition to the amounts referred to in sub-section (4) of that section, also be entitled to deduct from the amount recovered by them under section 3, sub-section (4), the amount, if any, already paid to the institution in pursuance of clause (i):]Provided that where after such deduction, any sum is still due to the State Government, such sum shall be recoverable as if it were an arrear of land revenue.(2)The net income derived in each of the fasli years beginning with the fasli year 1357 and the net income which the institution would have derived in each fasli year as aforesaid shall, for the purposes of [clause (i) of sub-section (1)] [Substituted for the expression 'sub-section (1)' by section 3(b) of the Tamil Nadu Estates Land (Reduction of Rent) Amendment Act, 1963 (Tamil Nadu Act 19 of 1963).], be determined by such authority, and in such manner, as may be laid down in the rules made by the State Government.(3)In determining the net income in both the cases aforesaid, all amounts which accrued due to the institution concerned during the relevant fasli year shall be taken into account whether the amounts were actually collected or not.
