Insolvency and habitual indebteduess

Insolvency and habitual indebteduess.—A Govermnent servant shall avoid habitual indebtedness. If a Government servant is adjudged or declared an insolvent, or has incurred debts aggregating to a sum which in ordinary circumstances, he could not repay within a period of two years or if a part of his salary is frequently attached for debt, has been continuously so attached for a period of two years or is attached for a sum which in ordinary circumstances, he could not repay within a period of two years, he should be presumed to have contravened this rule andis liable to be removed from service provided that such removal will not ordinarily result in the forfeiture of the pension which the person concerned would then be entitled to under the rules had he been invalidated from service. But he need not be so deemed if he proves that the insolvency or indebtedness is the result of circumstances which, with the exercise of ordinary diligence, he could not have foreseen or over which he had no control, and had not proceeded from extravagant or dissipated habits. The burden of proving such special circumstances will always be upon the Government servant concerned. A Government servant who applies to be or is adjudged or declared insoh'ent shall, forthwith report his insolvency to the Head of the Office or Department in which he is employed. The proviio inserted by 0.0(P) I 5120091P&ARD dated 7th ,Oetober 2009 published as S.R.O. No. 83512009 in Kerala Gazette No. 1854 dated 7-1 0-2009. 16 On receipt of information that a Government servant has been declared an insolvent or thathis salary is being continuously attached as contemplated in rule 51, the Head of the Department or the Head of the Office shall in the case of those Government servants who are appointed by Government communicate the fact forthwith to Government and in the case of those whom they themselves or their subordinates are competent to appoint, take or cause to be taken such action as may be called for under rule 51 above. The plea that the insolvency or indebtedness has been caused by standing security for other persons shall in no case be accepted as an excuse for abating the action under these rules. A Government servant who has been removed from service on account of insolvency, shall not be eligible for re-employment in any branch of public service