State Sector Services

The Management Consultancy Practice commenced in August 1974, as Nihal Sri Ameresekere, Management Consultants, and later was incorporated in June 1978, as Comindtax Management Service Ltd., and re-named in December 2007, as Consultants 21 Ltd.

The Clientele serviced by the Management Consultancy Practice are set out under the following Headings:

  • Project Promotion & Development  
  • Project Management
  • Financial Restructuring
  • World Bank Project
  • State Sector Services
  • Project Promotion & Development  
  • Business Consultancy
  • Foreign Clientele
  • USAID Project

State Sector Services

Services rendered to the State Sector by Nihal Sri Ameresekere have been as follows:

1.Served as a Member of the Council of the Institute of Chartered Accountants of Sri Lanka (1976-1977), appointed by the Minister of Trade & Commerce

2.Served as a Member of the Council of the University of Sri Jayawardenepura, Sri Lanka (1982), appointed by the University Grants Commission

3.Served as Director and Actg. Chairman, of the State Pharmaceutical Corporation (1978-1980), appointed by the Minister of Health, on the recommendation of President J.R. Jayawardene

4.Served as part-time Finance Director and Actg. Chairman, of the Sri Lanka Transport Boards (1980-1982), in a Special Board constituted by President J.R. Jayawardene. Successfully computerized and managed the all-island monopolistic Bus Transport Industry, without receiving any State funds as subsidies, and receiving  valuable commendations from visiting foreign review missions on his services

5.Served as Senior Consultant, heading a Team of Consultants, to re-structure the all-island State Bus Transport Sector, on a Project funded by the World Bank. The Project was not completed to its logical conclusion, due to the General Elections, which ushered in a new policy vision – see World Bank Project

6.Served as Senior Consultant and Counter-part Project Director, to establish the Secretariat for Infrastructure Development & Investment, to promote and develop economic infrastructure development projects, on a public-private partnership basis – see USAID Project

7.Served as part-time Advisor, Ministry of Finance (1994-1995), appointed by President Chandrika Bandaranaike Kumaratunga, to review and evaluate past privatisations, and to formulate a policy strategy and framework to carry out future privatisations.

8.Served as a Member of the Company Law Advisory Commission from 2004, appointed by the Minister of Trade & Commerce, and actively participated in formulating and having the Companies Act No. 7 of 2007 enacted by the Parliament of Sri Lanka.

9.Served as Chairman, Public Enterprises Reform Commission (2004-2005), appointed by President Chandrika Bandaranaike Kumaratunga, to take control of the messed-up privatization program, and to review and evaluate, as to what had transpired, and to carry out new transactions

Pro-bono Services

  • Even as far back as 1981, in addition to his professional practice, he had rendered services on an honorary basis as part-time Finance Director of the all island Sri Lanka Transport Boards, appointed to a Special Executive Board by President J.R. Jayawardene.
  • Then Secretary Treasury, Dr. W.M. Thilakaratne had intimated that Mr. Ameresekere could have Subsidies of around Rs. 300 Mn., per year. (savings at today’s value over Rs. 25,000 Mn. for two years).
  • Nevertheless, Mr. Ameresekere had managed the finances of the all island operations, which achieved 93% of Time Tables Schedules, without drawing any Subsidies from the Treasury.
  • Mr. Ameresekere had resigned after two years due to pressure of his professional work, leaving Fixed Deposits of over Rs. 80 Mn. (at today’s value over Rs. 3,600 Mn.)
  • The Hon. Minister of Transport, Mr. M.H. Mohamed, had stated as follows in the Parliament of Sri Lanka, as per the Hansard of 19th December 1981

  • The Hon. Minister of Transport, Mr. M.H. Mohamed, had stated as follows in the Parliament of Sri Lanka, as per the Hansard of 19th December 1981
  • Mr. Ameresekere had dispensed with 4 Consultants provided by Crown Agents of UK under a World Bank Development Assistance Project, thereby saving US $ 1.9 Mn., (at today’s value around Rs. 275 Mn.).
  • Commendations by international Visiting Missions on Mr. Ameresekere’s above work are given in the bellow-scanned Letter dated 8.6.1983 from the Director, Public Enterprise Division, Treasury, which he had refrained from replying due to modesty:

  • Crusaded successfully against a perverse all-encompassing Tax Amnesty, under the guise of an Income Tax Amnesty by Inland Revenue (Special Provisions) Acts Nos. 10 and 31 of 2003, and having the same referred by H.E. the President of Sri Lanka to the Supreme Court of Sri Lanka for an opinion thereon.
  • This resulted in a 5 Judge Bench of the Supreme Court castigating these perverse Statutes, inter-alia, stating that they were as inimical to the rule of law violative of the ‘Universal Declaration of Human Rights and International Covenant on Civil & Political Rights’, and that they had defrauded public revenue, causing extensive loss to the State. Saving to the State by such action was over Rs. 200 Billion. (Challenges to Legislations – Inland Revenue (Special Provisions) Acts Nos. 10 and 31 of 2003)
  • Assisted in formulating the Inland Revenue (Regulation of Amnesty) Act No. 10 of 2004, to repeal all obnoxious exemptions in the above Statutes, and restricting to an Income Tax Amnesty only, and having the same enacted by the Parliament of Sri Lanka, and pursuing upon its implementation by the Inland Revenue Department. (Challenges to Legislations – Inland Revenue (Regulation of Amnesty) Act No. 10 of 2004)
  • Examining and rejecting the unconscionable Claims for Subsidies made from the Government of Sri Lanka by Lanka Indian Oil Company Ltd., (LIOC Ltd.), and resolving the matter in 2005 on a just and equitable basis, resisting pressures and influences exerted by H.E. Nirupama Rao, High Commissioner for India in Sri Lanka at that time. Saving to the State by such action was over Rs. 5000 Million, and also stopping any future Subsidies.
  • Caused a public interest litigation to be instituted in 2007 in the Supreme Court of Sri Lanka, and appeared in person, as a Respondent, submitted Affidavits in support, extensive Written Submissions and made exhaustive Oral Submissions, to have the privatization of Sri Lanka Insurance Corporation Ltd., to the Distilleries Consortium successfully annulled, as wrongful, unlawful and illegal, resulting in the Sri Lanka Insurance Corporation Ltd., being vested in the Government of Sri Lanka, together with the ownership of Lanka Hospitals PLC, saving to the State by such action was over Rs. 25,000 Million. (Public Interest Litigations – Sri Lanka Insurance Corporation Ltd., Privatisation – Supreme Court Fundamental Rights Application No. 158/2007)
  • Carried out a review and examination of the non-repatriation of export proceeds to Sri Lanka, as an IMF Article VIII Status Country, and caused the Controller of Exchange to carry out  a Survey for the 3rd Quarter of 2004 by obtaining voluntary Declarations from the exporters, which disclosed that only 81%  of export proceeds had been repatriated to Sri Lanka within a period  of 3 Months, also disclosing unlawful utilization of exports proceeds abroad. (Public Interest Exposés – 01.10.2007 – Export Proceeds & Foreign Exchange ‘Leakage’ – Why was no action taken on COPE Report of 2005 ?)
  • Caused a public interest litigation to be instituted in 2007 in the Supreme Court of Sri Lanka, and appeared in person as a Respondent, submitting Affidavits in support, extensive Written Submissions and making exhaustive Oral Submissions, to have the privatization of Colombo Port Bunkering Facility to John Keells Holdings PLC annulled, as wrongful, unlawful, illegal  and fraudulent, and thereby have the Port Oil Bunkering Facility monopoly re-vested in the Government of Sri Lanka. Saving to the State by such action over Rs. 15,000 Million, with a future profits. (Public Interest Litigations – Lanka Marine Services Ltd., Privatisation – Supreme Court Fundamental Rights Application No. 209/2007 & 1/2008)
  • Successfully challenged the Appropriation Bills of 2007 and 2008, and had the Appropriation Bill  2008 to be amended, to include all Borrowings by the Government of Sri Lanka by including a separate Schedule, as Schedule II to the Appropriation Bill; and also estopping adhoc payments being made by the Treasury, without budgetary provisions or under the Contingency Fund in contravention of the Constitution of Republic of Sri Lanka, thereby enforcing better fiscal control over public finances. (Challenges to Legislations – Appropriation Bill Challenges in the Supreme Court – 2007 & 2008)
  • Challenged as public interest litigations to prevent losses being caused to the State the purported Oil Hedging Deals by Standard Chartered Bank, Citibank and Deutsche Bank perpetrated on the Ceylon Petroleum Corporation.
  • However, such public interest litigations were deliberately prevented by the Attorney General, Mohan Peiris  from being proceeded with to be adjudicated upon before the Supreme Court of Sri Lanka, assuring in Open Court that he would successfully defend the foreign legal proceedings, where he miserably failed, thereby causing losses of over US $ 240 Million  and incurring legal and other costs of over Rs. 750 Million.  (Public Interest Litigations – Hedging / Derivative Deals)

 

  • Advised and assisted in 2010 / 2011 the new Management of the Hilton Hotel owning Company, namely, Hotel Developers (Lanka) PLC (HDL) on the historical past, and the troubleshooting of the fraud perpetrated, and the revision of the Hotel Management Agreement for the benefit of HDL.
  • Challenged the perverse Expropriation Bill in 2011, which had been deliberately determined upon by Chief Justice Shirani Bandaranayake and two Other Judges, as consistent with the Constitution; whereas the said Bill, which had been an Urgent Bill under Article 122 of the Constitution, and due to doubts, which had arisen at the ex-parte hearing there into in the Supreme Court was deemed to be inconsistent with the Constitution as per Article 123(3) of the Constitution.

This rendered such Determination by Chief Justice Shirani Bandaranayake and the two Other Judges to be in contravention with the Constitution, which they had made oath to uphold. Further attempts to have the matter reviewed and rectified was questionably prevented by Chief Justice Shirani Bandaranayake, regardless of the constitutional mandatory provision which had applied. (Public Interest Litigations – Expropriation Law – Underperforming Enterprises and Underutilized Assets Act No. 43 of 2011)

By the subsequent 19th Amendment to the Constitution, certified by the Speaker of Parliament of Sri Lanka on 15th May 2015, by Article 18 thereof, Article 78 of the Constitution had been amended to stipulate that every Bill shall be gazetted at least 14 days before which it is placed on the Order Paper of Parliament of Sri Lanka, and by Article 30 thereof, Article 22 of the Constitution which enabled Urgent Bills had been repealed and so also Article 123(3) which applied thereto.