The Himachal Pradesh Public Services Guarantee Act, 2011

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 
24th 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Amended, repealed or otherwise affected by,- 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 19th 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 25th 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 31st 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 t he 
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 appea l 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 d enial 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 tha t 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 impo sed 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 shal l 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, apport ion 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. Pow er 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 u nder the principal Act on or after 
24th  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. 
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