Section 38 in Andhra Pradesh (Andhra Area) Estates (Abolition and Conversion into Ryotwari) Act, 1948
38. Payment of tasdik allowance and additional compensation to institutions.
(1)In the following cases, namely:-(a)Where an inam estate or part thereof was held immediately before the notified date by any religious, educational or charitable institution, and(b)where a zamin or under-tenure estate or part thereof was held immediately before the notified date by any such institution, such estate or part having been endowed for its maintenance the Government shall subject to the provisions of sub-sections, (3-A) and (4-A) pay to the Institution every year as a tasdik allowance:(i)in the case of an entire estate, the basic annual sum;(ii)in the case of a part of an estate, such portion of the basic annual sum as may, on a calculation in the prescribed manner, be ascribed to that part.(2)Where the tasdik allowance so payable is less than the difference between:(a)the average net annual income derived by the institution from all sources in the estate or part as calculated in the prescribed manner during the five complete fasli years immediately preceeding the notified date or during that portion of those fasli years in which the estate or part was held by the institution, and(b)the income as calculated in the prescribed manner which the institution may be expected to receive from the lands in respect of which it is entitled to a ryotwari patta, the deficiency shall be made good to the institution by the Government every year.(3)All amounts which accrued due to the institution during the period referred to in sub-section (2), clause (a) shall be taken into account, whether the amounts were actually collected or not:Provided that the value in money of anything deliverable in kind to the institution at any time during the period aforesaid shall, where any price has been fixed by the Government for the sale of such thing at such time in the area concerned, be calculated at such price.(3-A) The tasdik allowance payable under sub-section (1) shall not exceed the average net annual income derived by the institution during the five complete Fasli years immediately preceding the notified date or during that portion of those Fasli years in which the estate or part thereof was held by the institution.(4)Payment shall be made to the institution under sub-sections (1) and (2), so long as it exists.(4-A) Notwithstanding anything contained in sub-sections (1) and (2), the aggregate of the amounts payable every year under the said sub-sections to all the institutions referred to in clause (b) of sub-section (1) shall not exceed a sum of rupees one lakh and fifty thousand; and if such aggregate exceeds in any year one lakh and fifty thousand rupees, a proportionate reduction shall be made in the amount payable to each such institution so that the aggregate of the amounts payable in respect of all such institutions for that year may be limited to the said sum of rupees one lakh and fifty thousand.(5)Nothing contained in this section shall apply where any land (not consisting of an entire village) granted on service tenure to the institution falls under Section 3, clause (16) (c) of the Estates Land Act.
