West Pakistan Payment of Wages
Rules, 1960
[Published under Noti. No. IX‑7‑II (XI)/59 dated 15th
October 1960, Gaz. of West Pak. Extr. 18 October 1960, pp. 4067‑4072.]
1.
Short title and commencement.--- (1) These rules may be called
the West Pakistan Payment of Wages Rules, 1960.
[Sub‑rule
(1‑a) added by Noti. 4‑14 (L‑IV) 65 of 12 July 1967, Gaz. of West Pak. Pt. I,
11 Aug. 1967, p. 997‑see 1967 LLC 111 (Statutes).] [1-a. They shall extend to
the whole of the Province of West Pakistan except the Tribal Areas.] [Sub-rule
1-a deleted in its application to Sind province. ibid.]
(2)
They shall come into force at once.
2.
Definitions.--- In these rules, unless tire context
otherwise requires the following expressions shall have the meanings hereby
respectively signed to them, that is to say,---
(a) ”the
Act” means the Payment of Wages Act; 1936;
(b) ”the
Authority” means the Authority appointed under sub-section (1) of section 15;
(c) Certifying
Officer” means the Certifying officer appointed under clause (c) of section 2
of the Industrial Employment (Standing Orders) Act, 1946; [See now West
Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI
of 1968).]
(d) the
Chief Inspector of Factories” means the Chief Inspector of Factories appointed
under sub‑section (2) of section 10 of the Factories Act, 1934;
(e) ”Court”
means the Court mentioned in sub‑section (1) of section 17;
(f) ”deduction
for breach of contract” means a deduction made in accordance with the
provisions of the proviso to sub‑section (2) of section 9;
(g) ”deduction
for damage or loss” means deduction made in accordance with the provisions of
clause (c) of sub‑section (2) of diction 7;
(h) ”Form”
means a Form appended to these rules;
(i) ”Inspector”
means an Inspector authorized under section 14;
(j) ”person
employed” excludes all persons to the payment of whose wages the Act does not
apply;
(k) ”paymaster”
means an employer or other person responsible under section 3 for the payment
of wages;
(l) ”section”
means a section of the Act.
3.
Register of Fines.--- (1) In any factory regarding which
the employer has obtained approval under sub‑section (1) of section g to a list
of acts and Omissions in respect of which fines may be imposed; the paymaster
shall maintain a Register of Fines in Form I.
(2)
At the beginning of the Register of Fines there shall be entered serially
numbered the approved purpose or purposes for which the fines realized are to
be expended.
(3)
When any disbursement is made from the fines realized, a debit entry of the
amount so expended shall be made in the Register of Fines and a voucher of
receipt in respect of the amount shall be affixed to the register. If more than
one purpose has been approved the entry in respect of the disbursement shall
also indicate the purpose for which it is made.
4.
Register of Deductions for Damage or Loss.--- In every
factory in which deductions for damage or, loss are made the paymaster shall
maintain the register required by sub‑section (2) of section 10 in Form II.
5.
Register of Wages.--- A Register of Wages shall be
maintained in every factory and may be kept in such form as the paymaster finds
convenient but shall include the following particulars:---
(a) the
gross wages earned by each person employed for each wage-period;
(b) all deductions made from
those wages, with an indication in each case of the clause of sub-section (2)
of section 7 under which the deduction is made;
(c) the
wages actually paid to each person employed for each wage-period;
(d) the
date of payment of wages in each case.
6.
Maintenance of Registers.--- The registers required by rules
3, 4, 5 and 17 shall be preserved for twelve months after the date of the last
entry made in them.
7.
Weights and Measures.--- (1) All weights, measures or
weighing machines which are used in checking or ascertaining the wages oaf
persons employed in any factory shall be examined at least biennially by an
inspector who may prohibit the use of any weight, measure or weighing machine
which he finds to register incorrectly.
(2)
if the inspector considers that any action should be taken tinder the Weights
and Measures of Capacity Act. 1871, or the Pakistan Penal Code, in respect of
any, weight measure or weighing machine used in checking or ascertaining the
wages of persons’ employed, he may seize the article in question and after
recording his opinion send the seized article to the District Magistrate for
such action as he may think fit.
8.
Notice of dates of payment.--- The paymaster shall display, in
a conspicuous place at or near the main entrance of the factory, a notice, in
English and in the language of majority of the persons employed therein,
showing for not less than two months in advance, the day on which wages are to
be paid.
9.
Prescribes Authority.--- In the case of persons employed in
an industrial establishment to which the Industrial Employment (Standing
Orders) Act, 1946, [See now the West Pakistan Industrial and Commercial
Employment (Standing (Orders) ordinance (VI of 1968):] applies, the Certifying
Officer, and in other cases the: Chief Inspector of Factories, shall be the
Authority Competent to approve under subsection (i) of section 8, acts and
omissions in respect of which fines may be imposed and under sub-section (8)
the purposes on which the proceeds of fines shall be expended.
10.
Application in respect of tines.--- Every employer requiring the power
to impose fines in respect of any acts and omissions on the part of employed
persons shall send to the Chief Inspector of Factories,---
(a) a
list in English, in duplicate, clearly defining such acts start omissions;
(b) in
cases where the employer himself does not intend to be the sole person
empowered to impose fines a list, in duplicate, showing those posts in his
factory the incumbents whereof may pass orders imposing fines and the class of
establishment on which the incumbent of each such post may impose fine.
11.
Approval of list of acts and omissions.--- The
authority appointed under rule 9 on receipt of the list prescribed in the
preceding rule, may, after such enquiry as he considers necessary, pass orders
either,---
(a) disapproving
the list; or
(b) approving
the list either in its original form or as amended by him and the list in the
form in which it has been approved shall be considered to be approved list;
provided that no order disapproving or amending the list shall be passed
unless the employer shall have been given an, opportunity of showing cause,
orally or in writing, why the list as submitted by him should be approved.
12.
Posting of list.--- The employer shall display, at or
near the main entrance of the factory, a copy in English together with a
literal translation thereof in the language of the majority of the persons
employed therein of the list approved under rule 11.
13.
Persons authorized to impose fines.--- No fine may be imposed by any
person other than an employer, or a person holding a post shown in the list
submitted under rule 10.
14.
Procedure in imposing flues and deductions.--- Any
person desiring to impose fine on an employed person or to make deduction for
damage or loss shall explain personally to the said person the act or omission,
or damage or loss, in respect of which the fine or deduction is proposed to be
imposed and the amount of the fine or deduction which it is proposed to impose,
and shall hear his explanation ire the presence of at least one other person.
15.
Information to Paymaster.--- The person imposing a fine or
directing the making of deduction for damage or loss shall at once inform the
paymaster of all particulars required to be entered in the register prescribed
under rule 3 or rule 4.
16.
Deduction for breach of contract.--- (1) No deduction for breach of
contract shall be made from the wages of an employed person who is under the
age of fifteen years or is a woman.
(2)
No deduction for breach of contract shall be made from the wages of any
employed person unless,---
(i) there
is provision in writing forming part of the terms of the ontract of employment,
requiring him to give notice of the termination of his employment; and
(ii) the
period of this notice does not exceed fifteen days or, the wage-period;
whichever is less; and
(iii) the
period of this notice does rot exceed the period of notice which the employer
is required to give of the termination of that employment;
(iv) this
rule has been displayed in English and in the language of the majority of the
employed persons at or near the main entrance of the factory and has been so
displayed for not less than one month before the commencement of the absence in
respect of which the deduction is made; and
(v) a
notice has been displayed at or near the main entrance of the factory giving
the names of the persons from whom the deduction is proposed to be made, the
number of days wages to be deducted and the conditions (if any) on which the
deduction will be remitted provided that where the deduction is proposed to be
made from all the persons employed in any departments or sections of the
factory, it shall be sufficient, in lieu of giving the names of the persons in
such departments or sections, to specify the departments or sections affected.
(3)
No deduction for breach of contract shall exceed the wages of the person
employed for the period by which the notice of termination of service given
falls short of the period of such notice required by the contract of
employment.
(4)
If any conditions have been specified in the notice displayed under clause (v)
of sub‑rule (2), no deduction for breach of contract shall be made from any
person who has complied with such conditions.
17.
Advances.--- (1) An advance of wages not already
earned shall not, without the previous permission of an Inspector, exceed an
amount equivalent to the wages earned by the employed person during the
preceding two calendar months, or if he has not been employed for that period,
twice the wages he is likely to earn during the two subsequent calendar months.
(2)
The advance may be recovered in installments by deductions from wages spread
over not more than twelve months. No installment shall exceed one third, or
where the wages for any wage-period are not more than twenty rupees, one-fourth
of the wage-period in respect of which the deduction is made.
(3)
The amount of all advances sanctioned and the re-payment thereof shall be
entered in a register in Form III.
18.
Annual Returns.--- In respect of every factory in
which during the calendar year any fines have been imposed or any deductions
for breach of contract or for damage or loss have been trade from wages, a
return shall be sent in Form IV so as to reach the Chief Inspector of Factories
not, later than the 12th of February following the calendar year to
which it relates. [Rule 18‑A and Forms VI, VII, VIII & IX added in its
application to Sind by Noti. SO (L.‑II)‑2‑16/76 of June 1980. Sind Govt. Gaz.
Pt. IV‑A, 19 June 1980. p. 48 as amended by Noti. SO (L‑II)‑16/76, 23 Feb.
1981, L‑see at the end of Form V.]
19.
Costs.--- (1) Where the Authority or the
Court, as the case may be, directs that any costs shell not follow the event,
it shall state its reasons for so doing in writing.
(2)
The costs which may be awarded shall include:---
(a) the
charges necessarily incurred on account of court fees;
(b) the
charges necessarily incurred en subsistence money to witnesses; and
(c) the
pleader’s fees, which shall ordinarily be rupees ten, provided that the
Authority or the Court, as the case may be, in any proceedings, may reduce the
fee to a sum not less chart rupees five or increase it to a sum not exceeding
rupees thirty.
(3)
When a party engages more pleaders than one to defend a case, he shall be
allowed one set of costs only.
20.
Copies.--- The Authority or the Court, as the
case may be, may fix fees on the payment of which any person entitled to do so
may obtain copies of any documents filed with tile Authority or the Court, as
the case may be:---
Provided
that the Authority or the Court, as the case may be, may in consideration of
the poverty of the applicant, grant copies free of cost.
21.
Fees:--- The fee payable in respect of proceedings under the Act
shall be according to the following scale:---
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(i) For, every application to summon [Subs. for “Four
means” by Noti. XI‑9‑15 (Lab. ID/60. Gaz. of West Pak. Pt. I‑A, 17 March
1961.] [25 paisa] in respect of each a witness, Witness.
(ii) For every other application made [Sub. for
“Eight annas” ibid.] [50 paisa] by or on behalf of an individual person
before the Authority,
(iii) For every other application made [Subs.
for “Four means” by Noti. XI‑9‑15 by or on behalf pf an unpaid (Lab.
ID/60. Gaz. of West Pak. Pt. group before the Authority, I‑A, 17 March
1961.] [25 paisa] for each member of the group subject to a maximum of
five rupees.
(iv) For every appeal lodged with the Five rupees.
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Provided
that Authority or the Court may, in consideration of the poverty of the
applicant, reduce or remit this fee:---
Provided
further that no fee shall tee chargeable in respect of an application presented
by an inspector.
22.
Abstract.--- The abstracts of the Act and of the rules there-under to
be displayed under section 25 shall be, in Form V.
23.
Penalties.--- Any breach of rules 3, 4, 5, 6, 8,
12, 15 and 18, of these rules shall be punishable with fine which relay extend
to two hundred rupees.
[Rule
24 added by Noti. 4‑14 (L‑IV) 65 of 12 July 1967, Gaz. of West Pak. Pt. I, 11
Aug. 1967, p. 997 LLC 111 (Statutes).] [24. Repeal.--- The Sind Payment
of Wages Rules, 1936, as applicable to Karachi, are repealed.]
FORM I
[Rule 3]
Register of Fines
Factory ....................................................
|
Serial No.
|
Name
|
Father’s name
|
Department
|
Act or omission for which fine imposed.
|
Whether
workman showed cause against fine or hot. If so, enter date.
|
Rates
of wages
|
Date
and amount of fine imposed
|
Date
on which fine realised
|
Remarks
|
|
1
|
2
|
3
|
4
|
5
|
6
|
7
|
8
|
9
|
10
|
FORM II
[Rule 4]
Register of deductions for damage of
loss caused to the employer by the neglect or default of the employed person
|
Serial No.
|
Name
|
Father’s name
|
Department
|
Damage of loss caused
|
Whether
workman showed cause against deduction or not. If so, enter date.
|
Date
and amount of deduction imposed
|
Number
of installments if any
|
Date
on which total amount realised
|
Remarks
|
|
1
|
2
|
3
|
4
|
5
|
6
|
7
|
8
|
9
|
10
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FORM III
[Rule 17]
Register of advance to employed
persons
Factory
.............................................................
|
Serial No.
|
Name
|
Father’s name
|
Department
|
Date and amount of advance made
|
Purpose
(s) for which advance made
|
Number
of installments by which advance to be repaid
|
Prostponements
granted
|
Date
on which total amount realized
|
Remarks
|
|
1
|
2
|
3
|
4
|
5
|
6
|
7
|
8
|
9
|
10
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FORM IV
[Rule 18]
Deduction from wages
Register
for the year ending 31st December 19 ....................
1.
Name of factory and postal address ………………
Adults...............................
2.
Total number of persons employed
Children ...........................
3.
Total wages paid
............................................................................................
4.
Number of cases amounts realized as: ‑‑
|
|
Number
of cases
|
Amount
|
|
(a)
Fines
...
... ...
...
(b) Deductions for damage or loss
...
(c) Deductions for breach of contract ...
|
|
|
5.
Disbursements from fine fund
|
Amount
|
Purpose
|
Signature ........................
Date…………………..
Designation
FORM V
[Rule 22]
Abstracts of the Payment of Wages
Act, 1936 and the rules
there-under Whom the Act affects
1.
The Act applies to the payment of wages to persons in a factory receiving [Words
“less than Rs. 200” subs. by “upto an average of one thousand and five hundred
rupees” in its application to Sind Province. Sind Govt. Gaz., Extr., Pt. IV,
June 29, 1986, p. I4.] less than Rs. 200 a month.
2.
No employed person can give up by contract or agreement his rights under the
Act.
Definition of wages
3.
“Wages” means all remuneration payable to an employed person on the fulfillment
of his contract of employment.
It
includes bonus and any sum payable for want of a proper notice of discharge.
It
excludes,---
(a) the value of
house accommodation, supply of light, water, medical attendance other amenity,
or of any service excluded by general or special order of the Provincial
Government;
(b) the
employer’s contribution to a pension or provident fund;
(c) travelling
allowance or concession or other special expenses entailed by the employment;
(d) any
gratuity payable on discharge.
Responsibility for and method of
payment
4.
The manager of the factory is responsible for the payment under the Act of
wages to persons employed under him, and any contractor employing persons is
responsible for payment to the persons he employs.
5.
Wage-periods shall be fixed for the payment of wages at intervals not exceeding
one month.
6.
Wages shall be paid on a working day within seven days of the end of the
wage-period or within ten days if 1,000 or more persons are employed.
The
wages of a person discharged shall be paid not later than the second working
day after his discharge.
7.
Payments in kind are prohibited.
Flues and Deductions
8.
No deductions shall be made from wages except those authorized under the Act
(see paragraphs 9-15 below).
9.
(1) Fines carp be imposed only for such acts and omissions as the employer may
with the previous approval of the Chief Inspector of Factories, specify by a
notice displayed at or near the main entrance of the Factory, and after giving
the employed person an opportunity for explanation.
(2)
Fines,---
(a) shall
not exceed half an anna in the rupee of the wages payable;
(b) shall
not be recovered by installments, or later than sixty days from the date of
imposition;
(c) shall
be recorded in register and applied to such purposes beneficial to the employed
persons as approved by the Chief Inspector of Factories;
(d) shall
not be imposed on any employed person under the age of fifteen years.
10.
(a) Deductions for absence from duty can be made only en account of the absence
of the employed person at times when he should be working, and such deductions
roust not exceed an amount which is in the same proportion to his wages for the
wage‑period as the time he was absent in that period is to the total time he
should have been at work.
(b) If
ten or more employed persons, acting in concert absent themselves without
reasonable cause and without due notice, the deduction for absence can include
wages, or eight days in lieu of notice:---
Provided,---
(1)
no deduction for breaking a contract can be made from a person under the age of
fifteen years or a woman;
(2) there
must be a provision in writing which forms part of the contract of employment,
requiring that a specific period of notice of intention to cease work, not
exceeding fifteen days or the period of notice which the employer has to give
to discharge a worker, must be given to the employer aid that wages may be
deducted in lieu of such notice;
(3) the
above provisions must be displayed at or near the main entrance of the factory;
(4) no
deduction of this nature can be made until a notice that such deduction is to
be made has been posted at or near the main entrance of the factory;
(5) no
deduction must exceed the wages of the employed person for the period by which
the notice he gives of leaving employment falls short of the period for which
he is required to give notice under the terms of his contract.
11.
Deductions can be made for damage to, or loss of, goods expressly entrusted to
an employed person or loss of money for which he is required to account, where
such damage or loss is due to his neglect or default.
Such
deduction is not to exceed the amount of the damage or loss caused and can be
made only after giving the employed person an opportunity for explanation.
12.
Deductions can be made, equivalent to the value thereof, for house
accommodation, amenities or services (other than tools and raw material)
supplied by the employer; provided that they are accepted by the employed
person as apart of the terms of his employment and have in the case of
amenities and services been authorized by order of the Provincial Government.
13.
(a) Deductions can be made for the recovery of advances or for adjustment of
overpayment of wages.
(b)
Advances made before the employment began can only be recovered from the first
payment of wages for complete wage-period, but no recovery can be made of
advances given for traveling expenses before employment began.
(c)
Advances of unearned wages can be made at the paymaster’s discretion during
employment but must not exceed the amount of two months wages without the
permission of the Inspector. Such advances can be recovered by installments,
spread over not more than twelve months and the installments must not exceed
one-third, or if the wages are not more than rupees twenty, one-fourth of the
wage-period.
14.
Deductions can be made for subscriptions to and for payment of advances from,
any recognized provident fund.
15.
Deduction’s can be made for payments to co-operative, societies approved, by
the Provincial Government or to the postal insurance, subject to any conditions
imposed by the Provincial Government.
16.
An inspector can enter any premises, and can exercise powers of inspection
(including examination of documents and taking of evidence) as he may deem
necessary for carrying out the purposes of the Act.
Complaints of deductions or delays
17.
(1) Where irregular deductions are made from wages, or delays in payment of
wages take place, an employed person can make an application in the prescribed
form within sax months to the Authority appointed by the Provincial Government
for the purpose. An application delayed beyond this period may be rejected unless
sufficient cause for the delay is shown.
(2)
Any legal practitioner, official of a registered trade union, Inspector or
other person acting with the permission of the Authority can make the complaint
on behalf of an employed person.
(3)
A single application may be presented by or on behalf of any number of persons
employed in the same factory the payment of whose wages has been delayed.
Action by the Authority
18.
(1) The Authority may award compensation to the employed person in addition to
ordering the payment of delayed wages or the refund of illegal deductions.
(2)
If a malicious or vexatious complaint is made; the Authority may impose a
penalty not exceeding Rs. 50 on the applicant and order that it be paid to the
employer.
Appeal against the Authority
19.
An appeal in tire prescribed form against a direction made by the Authority may
be preferred within thirty days to the District Court,---
(a) by
the paymaster, if the total amount directed to be paid exceeds Rs. 300;
(ii) by
an employed person, if the total amount of wages withheld from him or his
co-workers, exceeds Rs. 50;
(c) by
a person directed to pay a penalty for it malicious or vexatious application,
Punishment for breaches of the Act
20.
Any one delaying the payment of wages beyond the due date, or making any
unauthorized deductions from wages, if leis prosecution is sanctioned by the
Authority of the appellate Court, is liable to a One up to Rs. 300.
21.
(1) A paymaster who,---
(a)
does not fix a wage-period; or
(b)
makes payment in kind; or
(c) fails
to display at or near the main entrance of the factory this abstract in English
and the language of the majority ox the employed persons, or
(d) commits
a breach of the rules framed under the Act is liable to a fine not exceeding
Rs. 200.
(2)
A complaint to this effect can be made only by the Inspector or with his
sanction.
[Rule
18‑A and Forms VI. VII. VIII & IX inserted by Sind Govt. in its application
to Sind vide Noti. SO (L‑II) 2‑16/76 of June 1980, Sind Govt. Gaz. Pt IV‑A. 19
June 1980, p. 48 as amended by Noti. SO (L‑II)‑2‑16/76.23 Feb. 1981, Sind Govt.
Gaz. Pt. IV‑A, 1981, p. 15.] [I8‑A.‑Procedure for recovery of amount under
the Act.--- (1) Where the amount directed to be paid under section 15 is
not paid, the claimant concerned may make an application in form VI to the
Authority for its recovery.
(2)
The application under sub‑rule (1) shall be accompanied by a certified copy of
the order or agreement under which the amount is payable and an inventory of
the property to be attached or sold with such description thereof as may be
sufficient to identify the same.
(3)
On receipt of the application the Authority play issue a notice in Form VII to
the employer requiring him to pay the amount to the claimant within the
specified period and if he is not willing to pay the amount to appear before
him and to show cause why tale amount should not be recovered by sale or
attachment of his property.
(4)
Where the employer fails to respond to the notice or the plea advanced by him
against the recovery is untenable, the Authority may order the sale of movable
property of the employer by issuance of a warrant in Form ‘VIII’.
(5)
On being satisfied that the employer has evaded the order issued under sub‑rule
(4) or tile amount is not fully recovered by sale of movable property the
Authority may issue a warrant of tale of the immovable property of the
employer in Form “U
(6)
Tile Authority shall exercise powers of sale or attachment, suction and
recovery through the bailifs and Recovery Inspectors or such other parsons as
are authorized by him in this behalf.
FROM‑ VI
Application for Executton of Order
etc.
I,
................................................. the claimant in whose favour
a direction has been issued to spay an amount of Rs……………………………………, but the
employer has defaulted in payment thereof, hereby apply for execution of the
order for recovery of the amount herein below set forth:---
(1)
The number of the claim.
(2)
Name of the parties.
(3)
Date of the direction under which the amount is to be paid.
(4)
Whether any appeal preferred against the order.
(5)
Payment or adjustment made, if any.
(6)
Previous application, if any, with date and result.
(7)
Amount ordered to be paid or other relief granted thereby,
(8)
Amount of cost awarded, if ally.
(9)
Against whom to be executed.
(10)
Mode in which Assistance is required.
I
pray that the total amount of Rs. …………………………........... be realized by distress
and sale of movable property or attachment or sale of immovable property
belonging to the employer as per annexed list and paid to me.
Claimant.
Verification.
I,
………………………………………. declare that what is stated herein is true to the best of my
knowledge and belief.
Dated
the ……………………………….. day off……………………………198.
Claimant.
FORM‑VII
To,
The Employer.
Take
notice that on the ………………………………day of ……………………….198.
Claimant
in the above case has presented an application for recovery of Rs………………
……….………. due on account of ……………………………… by distress and sale of the movable
property or attachment and sale of the immovable property specified
there-under, and that the …………………………….. day of ………………………………198, is appointed
for the hearing of the said application.
You
are at liberty to pay the said amount to the claimant before the said date or
appear before me on the said day and Io prefer, in writing, any objection to
such recovery.
Description
of property.
Given
under my hand and seal this ……………………………… day of 198.
Authority.
FORM‑VIII
To,
The
Employer.
Whereas
you have failed to respond to the notice served on you by me on the
................... day of ………………………….. 198, in claim No. …………………… of 197 , or
the objection raised by you against recovery is not valid it is ordered that
you are prohibited and restrained until further orders to transfer or dispose
of the movable property specified hereunder, and the above mentioned property
shall be sold in case you fail to deposit the amount of the claim in my office
within ten days of this warrant.
Given
under my hand and seal this ……………………… day of ………….………198.
Authority.
FORM‑IX
To,
The
Employer.
Whereas
the amount awarded against you on the …………………………… day of …….
………………………
198 in connection with which the property mentioned in the attachment order
dated the …………………….. day of …………………..197, was attached is not recovered fully
it is proposed to sell the property details of which are given below by public
auction on the day of ………………………. 197, at ……… hours at ………………………. (place), for
the recovery of the amount in case, however, the amount is paid by you before
the commencement of the auction, the sale of the property may be stopped.
Given
under my hand grad the seal this ……………….……. day of ………………. 198.
Authority.
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