The Meghalaya State Electricity Regulatory Commission (MSERC) has notified the MSERC (Appointment of Consultants) Regulations, 2025. These regulations replace the 2007 framework and establish a comprehensive, modernised process for engaging consultants across various domains supporting the Commission’s regulatory functions.
Issued under Sections 91(4) and 181(2) of the Electricity Act, 2003, the regulations aim to bring clarity, transparency, and efficiency to consultant appointments while ensuring high professional standards.
Scope and Applicability
- The regulations apply to the entire State of Meghalaya.
- They take effect from the date of publication in the Meghalaya Gazette. AUGUST 25TH 2025.
- Consultants may now be appointed to support research, regulatory analysis, legal matters, drafting of guidelines, performance studies, and specialised sectoral work.
Purpose of Engaging Consultants
The Commission may engage consultants for a wide range of roles, including:
- Policy research & regulatory analysis
- Tracking national and global power sector trends
- Supporting Commission committees and regulatory functions
- Drafting state-level guidelines, regulations, and orders
- Preparing sectoral reports and monitoring emerging developments
- Legal advisory services and assistance with court or tribunal compliance
- Providing specialist advice in engineering, law, finance, economics, power management, and sector reforms
- Handling additional workload or addressing staff shortages
- Undertaking studies on best practices, data analytics, benchmarking, and performance evaluation
This wide scope ensures that the Commission has access to expertise not available in-house, enabling informed and robust regulatory decision-making.
Four Categories of Consultants
1. Corporate Consultant
- Engaged when consultancy work is best handled by a registered firm, company, or association.
- A Tender Committee—including the Secretary and Finance Accounts Officer—prepares RFPs, evaluation criteria, and selects bids.
- Evaluation is generally based on the Quality-Cum-Cost-Based System (QCBS).
2. Individual Consultant
- Engaged when tasks require specialised individual expertise.
- The Commission sets the terms of reference, qualifications, and monthly remuneration.
- Engagement is for a fixed tenure, extendable annually.
3. Professional / Legal Expert
- Appointed by the Chairperson for matters requiring urgent legal or professional expertise.
- A Committee under the Secretary negotiates terms, fees, and scope.
- Experts may also represent the Commission before courts and legal forums.
4. Staff Consultant
- Appointed when workload increases or posts are difficult to fill.
- Applications are invited through newspapers and the Commission’s website.
- Tenure is for one year initially, extendable annually based on performance.
- Incremental remuneration is based on evaluation reports by the Secretary.
General Conditions Applicable to All Consultants
- Consultants cannot advise or represent any party against the interests of MSERC.
- They must not disclose, publish, or utilise any Commission-related information without written consent.
- Consultants must avoid conflicts of interest.
- They are not deemed employees of the Commission.
- The Commission retains the final authority for interpreting the regulations.
Qualifications Required
Consultants must possess adequate knowledge or specialised skills in:
- Engineering & technology
- Power management
- Economics or finance
- Law
- Accountancy
- Any other field necessary for the Commission’s functioning under the Electricity Act, 2003
Engagement Terms and Period
- All engagements are governed by a formal agreement detailing scope, conditions, and fees.
- Typical engagement duration: up to one year, extendable annually.
- Professional/Legal Experts: tenure based on task requirement.
- Corporate Consultants: tenure as per contract, with yearly extensions permitted.
Fees, Honorarium & Payment Structure
- Fees are specified in the agreement and may be:
- Retainer-based
- Milestone-linked
- Work-completion-based
- The Commission determines payment mode and terms.
Restrictions
- Consultants cannot take work that contradicts obligations to the Commission.
- Work assigned cannot be re-assigned to others.
- Information obtained for the assignment cannot be shared or reused.
Reporting Requirements
- Consultants must submit progress reports, including interim and final reports, whenever required by the Commission.
Powers of the Commission
- Amend, vary, or modify any regulation.
- Remove difficulties through appropriate orders.
- Relax specific provisions as needed, with reasons recorded.
- Exercise inherent powers to adopt different procedures in special circumstances.
Repeal and Savings
- The MSERC Appointment of Consultants Regulations, 2007 stands repealed.
- All actions, reports, minutes, or procedures carried out under the previous regulations remain valid under the new framework.