The Himachal Pradesh Public Services Guarantee Act, 2011

English — official source version

the_himachal_pradesh_public_services_guarantee_act,_2011.pdf.txt

THE HIMACHAL PRADESH PUBLIC SERVICES GUARANTEE 

ACT, 2011 

ARRANGEMENT OF SECTIONS 

Sections: 

1. Short title, extent and commencement. 

2. Definitions. 

3. Notification of services, designated officers, first appellate 

authority, second appellate authority and stipulated time 

limits by the State Government. 

4. Right to obtain service within stipulated time limit. 

5. Providing services in stipulated time limit. 

6. Appeal. 

7. Powers and functions of second appellate authority. 

8. Penalty. 

9. Protection of action taken in good faith. 

10. Bar of jurisdiction. 

11. Power to make rules. 

12. Power to remove difficulties. 

____________ 

THE HIMACHAL PRADESH PUBLIC SERVICES GUARANTEE 

ACT, 2011 

(ACT NO. 34 OF 2011)
1
 

(Received the assent of the Governor on the 21
st
 September 2011 and 

was published in Rajpatra, Himachal Pradesh both in Hindi and English on 

24
th
 September, 2011, pp. 3245-3253). 

An Act to provide for the delivery of services to the people of the State of 

Himachal Pradesh within the stipulated time limit and for the 

matters connected therewith or incidental thereto. 

Amended, repealed or otherwise affected by,- 

H.P. Act No. 18 of 2019
2
, assented to by Governor on 13

th
 

November, 2019, published both in Hindi and English in the 

Rajpatra, Himachal Pradesh, dated the 19
th
 November, 2019, pp. 

8039-8041. 

                                                           
1.  Passed in Hindi by the Himachal Pradesh Vidhan Sabha . For Statement of 

Objects and Reasons see the Rajpatra, Himachal Pradesh, dated 25
th

 August, 

2011, pp. 2461 and 2465. 
2
. Passed in Hindi by the Himachal Pradesh Vidhan Sabha. For Statement of 

Objects and Reasons see the Rajpatra, Himachal Pradesh, dated 31
st
 August, 

2019, pp. 5393 and  5394-5395. 



THE HIMACHAL PRADESH PUBLIC SERVICES GUARANTEE ACT, 2011  2 

BE it enacted by the Legislative Assembly of Himachal Pradesh in the 

Sixty-second Year of the Republic of India as follows:- 

1. Short title, extent and commencement.- (1) This Act may be 

called the Himachal Pradesh Public Services Guarantee Act, 2011. 

(2) It shall extend to the whole of the State of Himachal Pradesh. 

1
[(3) It shall be deemed to have come into force on the 24

th
 day of 

September, 2011.] 

2. Definitions.- In this Act, unless the context otherwise requires,- 

(a)  “designated officer” means an officer notified as such for 

providing the services under section 3; 

(b)  “eligible person” means person who is eligible for the notified 

services; 

(c)  “first appellate authority” means an officer who is notified as 

such under section 3; 

(d)  “notification” means a notification published in the Official 

Gazette ; 

(e)  “Official Gazette” means the Rajpatra, Himachal Pradesh; 

(f)  “prescribed” means prescribed by the rules made under this 

Act ; 

(g)  “right to service” means right to obtain the service within the 

stipulated time limit under section 4; 

(h)  “service" or “public service” means any service notified 

under section 3; 

(i)  “second appellate authority” means the State Information 

Commission notified as such under section 3 ; 

(j)  “State Government” means the Government of Himachal 

Pradesh; 

(k)  “stipulated time limit” means maximum time to provide the 

service by the designated officer or to decide the appeal by 

the appellate authorities as notified under section 3 ; and 

(l)  “State Information Commission” means the State Information 

Commission constituted under sub-section (1) of section 15 

of the Right to Information Act, 2005 (22 of 2005). 

3. Notification of services, designated officers, first appellate 

authority, second appellate authority and stipulated time limits by the 

State Government.- The State Government may, from time to time, notify 

the services, designated officers, first appellate authority, second appellate 

authority and stipulated time limits for the purpose of this Act. 

                                                           
1. Sub-section (3) substituted vide H.P. Act No. 18 of 2019. 



THE HIMACHAL PRADESH PUBLIC SERVICES GUARANTEE ACT, 2011  3 

4. Right to obtain service within stipulated time limit.- The 

designated officer shall provide the service notified under section 3 to the 

person eligible to obtain the service, within the stipulated time limit. 

5. Providing services in stipulated time limit.- (1) Stipulated time 

limit shall start from the date of receipt of application for notified service by 

the designated officer or the person subordinate to him authorized to receive 

such applications and such application shall be duly acknowledged by him. 

(2) The designated officer on receipt of an application under sub-

section (1) shall, within the stipulated time limit, either provide service or 

reject the application and in case of rejection of application, shall record the 

reasons in writing and intimate to the applicant. 

(3) Where a request has been rejected under sub-section (2), the 

designated officer, shall communicate to the person making the request,— 

(i)  the reasons for such rejection; 

(ii)  the period within which an appeal against such rejection may 

be preferred; and 

(iii)  the particulars of the appellate authority. 

(4) If the designated officer does not comply with sub-section (1), 

then the applicant aggrieved from such non-compliance may appeal to the first 

appellate authority. 

6. Appeal.- (1) Any person, whose application is rejected under sub-

section (2) of section 5 or who is not provided the service within the stipulated 

time limit, may file an appeal to the first appellate authority within thirty days 

from the date of rejection of application or the expiry of the stipulated time 

limit, as the case may be : 

Provided that the first appellate authority may admit the appeal after 

the expiry of the period of thirty days if he is satisfied that the appellant was 

prevented by sufficient cause from filing the appeal in time. 

(2) The first appellate authority may order the designated officer to 

provide the service within the specified period or may reject the appeal. 

(3) An appeal under sub-section (1) shall be disposed of within thirty 

days of the receipt of the appeal or within such extended period not exceeding 

a total period of forty-five days from the date of filling thereof, as the case 

may be, for reasons to be recorded in writing. 

(4) If the designated officer does not comply with the order of 

providing the service under sub-section (2), then the applicant aggrieved from 

such non-compliance may file a second appeal to the second appellate 

authority. 

7. Powers and functions of second appellate authority.- (1) A 

second appeal against the decision under sub- section (2) of section 6 shall lie 

within sixty days from the date of decision to the second appellate authority: 



THE HIMACHAL PRADESH PUBLIC SERVICES GUARANTEE ACT, 2011  4 

Provided that the second appellate authority may admit the appeal 

after the expiry of the period of sixty days, if he is satisfied that the appellant 

was prevented by sufficient cause from filing the appeal in time. 

(2) The second appellate authority may order the designated officer to 

provide the service within such period as he may specify or may reject the 

appeal: 

Provided that in addition to order to provide service, he may impose 

penalty under section 8. 

(3) The first appellate authority and the second appellate authority 

shall, while conducting proceedings under this section have the same powers 

as are vested in a civil court while trying a suit under the Code of Civil 

Procedure, 1908 (5 of 1908). 

(4) In any appeal proceedings, the onus to prove that denial of a 

request was justified shall be on the designated officer, who denied the request 

or failed to provide the services within stipulated time limit. 

8. Penalty.- (1) Where the second appellate authority is of the opinion 

that the designated officer has failed to provide service or has caused delay in 

providing such service without sufficient and reasonable cause, then he may 

impose a lump sum penalty which shall not be less than one thousand rupees 

but not more than five thousand rupees: 

Provided that the designated officer shall be given a reasonable 

opportunity of being heard before any order of penalty is passed against him. 

(2) The second appellate authority may order to give any amount as 

compensation to the appellant from out of the penalty imposed under this 

section, but the amount of such compensation shall not exceed the amount of 

penalty imposed: 

Provided that any penalty imposed under this section on the 

designated officer for delay in providing the service or refusal to provide 

service shall be borne by such officer in personal capacity but not as a 

functionary of the State Government unless the second appellate authority 

directs otherwise: 

Provided further that the second appellate authority may, after hearing 

the designated officer, apportion the amount of penalty amongst designated 

officer and any other officer(s) as may be found to have contributed to such 

denial or delay in providing the service. 

(3) If the second appellate authority is satisfied that the designated 

officer has failed to discharge the duties under this Act, without sufficient and 

reasonable cause, then it may also recommend to the appointing or 

disciplinary authority of the designated officer that disciplinary action under 

the applicable service rules be also initiated against such officer. 

9. Protection of action taken in good faith.- No suit, prosecution or 

other legal proceedings shall lie against any person for anything which is in 



THE HIMACHAL PRADESH PUBLIC SERVICES GUARANTEE ACT, 2011  5 

good faith done or intended to be done under this Act or the rules made 

thereunder. 

10. Bar of jurisdiction.- Save as otherwise expressly provided in this 

Act, every order made by designated officer, first appellate authority or 

second appellate authority shall not be called in question by any court or 

before any officer or authority. 

11. Power to make rules.- (1) The State Government may, by 

notification published in the Official Gazette, make rules to carry out the 

provisions of this Act. 

(2) Every rule made under this Act, shall be laid, as soon as may be 

after it is made, before the State Legislative Assembly, while it is in session 

for a total period of ten days which may be comprised in one session or in two 

or more successive sessions, and if, before the expiry of the session, in which 

it is so laid or successive sessions aforesaid, the Legislative Assembly agrees 

in making any modification in the rule or agrees that the rule should not be 

made, the rule shall thereafter have effect only in such modified form or be of 

no effect, as the case may be, so, however, that any such modification or 

annulment shall be without prejudice to the validity of anything previously 

done under that rule. 

12. Power to remove difficulties.- If any difficulty arises in giving 

effect to the provisions of this Act, the State Government may by order, not 

inconsistent with the provisions of this Act, remove the difficulty: 

Provided that no such order shall be made after the expiry of a period 

of two years from the date of commencement of this Act. 

VALIDATION SECTION ADDED VIDE THE HIMACHAL PRADESH 

PUBLIC SERVICES GUARANTEE (AMENDMENT AND 

VALIDATION) ACT, 2019 (ACT NO. 18 OF 2019) 

3. Validation.- Notwithstanding anything contained in any law or in 

any judgment, decree or order of any court, all the things done or actions 

taken, notifications and rules etc. notified under the principal Act on or after 

24
th
  September, 2011, shall for all purposes be deemed to be and to have 

always been, validly done, taken or passed as if the principal Act was in force 

on that date and shall not be called in question before any court, tribunal, 

commission or authority on the ground of any defect in the commencement of 

the principal Act. 

_____________________