Section 38 in Tamil Nadu Estates (Abolition and Conversion Into Ryotwari) Act, 1948
38. Payment of tasdik allowance and additional compensation to institutions.
(1)Where an inam estate or part thereof was held immediately before the notified date by any religious, educational or charitable institution, the Government shall pay to the institution every year as a tasdik allowance -(a)in the case of an entire inam estate, the basic annual sum;(b)in the case of a part of an inam 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 preceding [the fasli year 1357] [Substituted for 'the notified date' by section 7 of the Tamil Nadu Estates (Abolition and Conversion into Ryotwari), Estates Land (Reduction of Rent) and Estates (Supplementary) (Amendment) Act, 1958 (Tamil Nadu Act XXXIV of 1958), which was deemed to have come into force on the 19th April 1949.] 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.(4)Payment shall be made to the institution under sub-sections (1) and (2) so long as it exists.(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.] [Substituted for the old sub-section (5) by section 4 of the Tamil Nadu Estates (Abolition and Conversion into Ryotzvari) Amendment Act, 1951 (Tamil Nadu Act XVII of 1951).]
