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The Sindh government would take legal action against the National Academy of Performing Arts (Napa) set up in the Hindu Gymkhana premises, if it did not comply with the provincial government's orders regarding vacating the building after the expiry of three months deadline.
An agreement between Cultural and Tourism Department, Government of Sindh and the Napa was inked on September 09, 2005 for a period of 30 years. The source in the ministry of Culture and Tourism told Business Recorder on Thursday that the arts body had violated the agreement under which the Hindu Gymkhana was rented out to the academy. Sindh Chief Minister Syed Qaim Ali Shah has taken the decision to get the Hindu Gymkhana building vacated, he informed.
The eighth clause of the notice issued by the culture department says "Napa by constructing a theater/auditorium within the premises of the Hindu Gymkhana, which is already declared protected heritage under the Sindh Cultural Heritage (Preservation) Act 1994" has violated the agreement dated September 23, 2005 between the Sindh Culture Department and the Napa.
"The aforesaid act of the Napa in one way has committed breach of the said agreement and on the other has violated the provisions of the Sindh Cultural Heritage (Preservation) Act 1994", he stated.
The source said that ministry had issued the notice to the Napa in pursuance of clause (8) of the agreement regarding termination of the agreement. "The possession of the Hindu Gymkhana, together with the building within the premises should be taken over by the Sindh government without any compensation", he added.
He also showed an application forwarded by the Pakistan Hindu Council (PHC) to Sindh Minister for Culture Ms Sassui Palijo requesting for the restoration of possession of the Hindu Gymkhana so that the minority community could arrange their festivities and cultural programmes there.
He said the government would take legal action against the Napa, if it did not follow the directives regarding vacation of the building. After the vacation, the government of Sindh would decide about the fate of the building, he said, adding that some parts of the Hindu Gymkhana may be given to the Hindu community.
He said the Hindu Gymkhana situated opposite Arts Council on MR Kiyani Road, Karachi is a protected heritage building declared under Sindh Cultural Heritage Preservation Act 1994. In the year 1921the Commissioner of Karachi had granted special lease for promoting cultural activities and social gatherings of Hindu community of Karachi, he said.
The source informed that the Hindu Gymkhana building was declared as an evacuee property and allotted to the Federal Public Service Commission in 1961, where it housed its offices until 1978. In 1990, the Ministry of Education, Government of Pakistan communicated Prime Minister's orders for transfer of the Hindu Gymkhana to the Department of Culture, Government of Sindh for establishment of a center of Sindh Arts and Crafts. Finally, the building was transferred to the culture department on August 13, 1991.
He said the scheme for the establishment of college of arts and design was approved at a cost of Rs 19.20 million on March 27, 1994 and it was also included in the Karachi package. The original PC-I had a provision of Rs 4.050 million for conservation and preservation of the building. The Communication and Works Department undertook highly sensitive and artistic work, he said and added that the department also took measures for restoration of the building and entire wooden texture.
Later on, in pursuance of the orders of the then President of Pakistan, the Hindu Gymkhana was rented out to Zia Mohiuddin for a period of thirty years for establishment of the National Academy of Performing Arts (Napa). In this regard, Zia Mohiuddin and Secretary Culture signed an agreement on September 23, 2005. Napa also agreed to pay Rs 50,000 as lease charges per month, he added.
In 2006, the source said, the Napa started construction of a theater/auditorium within the premises of Hindu Gymkhana. Since the building was declared as protected heritage under Cultural Heritage Act 1994, the Napa was required to get permission/NOC from Advisory Committee for Cultural Heritage. Instead of seeking permission, it got NOC from the Karachi Building Control Authority (KBCA) for purpose of addition and alteration in violation of terms and conditions of the agreement and the permission of KBCA.
It is mentioned here that the civil society, the members of Hindu community and culture friendly people have been criticising the present use of the Hindu Gymkhana. They are of the view that either the Hindu Gymkhana should be restored to its original position for use of social and cultural activities of Hindu community or it should be reverted back to the Department of Culture for setting up of Arts and Crafts Center and a museum.

Copyright Business Recorder, 2008

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