No payment of net earnings during the period of the conservatorship may be made by the conservator without the prior approval of the Commission, which may, in its discretion, direct that all or any part of same be paid either to the suspended or former licensee or to the Casino Revenue Fund in accordance with regulations of the Commission; provided, however, that the former or suspended licensee shall be entitled to a fair rate of return out of net earnings, if any, during the period of the conservatorship on the property retained by the conservator taking into consideration that which amounts to a fair rate of return in the casino industry or the hotel industry, as the case may be.