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State of Rajasthan - Section

Section 59 in Rajasthan Non-Government Educational Institutions (Recognition, Grant-In-Aid and Service Conditions Etc.) Rules, 1993

59. Insolvency and habitual indebtedness

.- (1) An employee shall avoid habitual indebtedness.
(2)When an employee is adjudged or declared an insolvent or when one moiety of the Salary of such employee is constantly being attached, has been continuously under attachments for a period exceeding two years or is attached for a sum which, in ordinary circumstances, can not be repaid within a period of two years, he will be considered liable to dismissal.
(3)When such an employee is not liable to dismissal otherwise than by or with the sanction of the Director of Education, the matter must, if he is declared insolvent and may, if a moiety of his salary is attached, be reported to the Director of Education.
(4)When a moiety of an employee's salary is attached, the report should show that is the proportion of the debts to the salary; how far they deduct from the debtors efficiency as an employee, whether the debtor's position is irretrievable and whether in the circumstances of the case, it is desirable to retain him on the post occupied by him.
(5)in every case under this rule, the burden of proving that the insolvency or indebtedness is the result of circumstances which, with the exercise of ordinary diligence, the debtor could not have foreseen or over which he had no control and has not proceeded from extravagant or dissipated habits, will be upon the debtor.