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.

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.

1. (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.
2. (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).

1. (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.