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Part XII: Miscellaneous

Chapter 3: Tribal Areas.

246 Tribal Areas.
In the Constitution,
(a) "Tribal Areas" means the areas in Pakistan which, immediately before the commencing day, were Tribal Areas, and includes
(i) the Tribal Areas of  652[Balochistan] 652 and the  653[Khyber Pakhtunkhwa] 653 Province;  654[] 654
(ii) the former States of Amb, Chitral, Dir and Swat;
 655[] 655
(b) "Provincially Administered Tribal Areas" means
(i) The districts of Chitral, Dir and Swat (which includes Kalam),  657[the Tribal Area in Kohistan district,] 657 Malakand Protected Area, the Tribal Area adjoining  658[Mansehra] 658 district and the former State of Amb; and
(ii) Zhob district, Loralai district (excluding Duki Tehsil), Dalbandis Tehsil of Chagai District and Marri and Bugti tribal territories of Sibi district; and
(c) Federally Administered Tribal Areas includes
(i) Tribal Areas adjoining Peshawar district;
(ii) Tribal Areas adjoining Kohat district;
(iii) Tribal Areas adjoining Bannu district;
 659[
(iiia) Tribal Areas adjoining Lakki Marwat District;
] 659
(iv) Tribal Areas adjoining Dera Ismail Khan district;
 660[
(iva) Tribal Areas adjoining Tank District;
] 660 661[
(v) Bajaur Agency;
(va) Orakzai Agency;
] 661
(vi) Mohmand Agency;
(vii) Khyber Agency;
(viii) Kurram Agency;
(ix) North Waziristan Agency, and
(x) South Waziristan Agency.
 
247 Administration of Tribal Areas.
(1) Subject to the Constitution, the executive authority of the Federation shall extend to the Federally Administered Tribal Areas, and the executive authority of a Province shall extend to the Provincially Administered Tribal Areas therein.
 
(2) The President may, from time to time, give such directions to the Governor of a Province relating to the whole or any part of a Tribal Area within the Province as he may deem necessary, and the Governor shall, in the exercise of his functions under this Article, comply with such directions.
 
(3) No Act of  662[Majlis-e-Shoora (Parliament)] 662 shall apply to any Federally Administered Tribal Area or to any part thereof, unless the President so directs, and no Act of  663[Majlis-e-Shoora (Parliament)] 663 or a Provincial Assembly shall apply to a Provincially Administered Tribal Area, or to any part thereof, unless the Governor of the Province in which the Tribal Area is situated, with the approval of the President, so directs; and in giving such a direction with respect to any law, the President or, as the case may be, the Governor, may direct that the law shall, in its application to a Tribal Area, or to a specified part thereof, have effect subject to such exceptions and modifications as may be specified in the direction.
 
(4) Notwithstanding anything contained in the Constitution, the President may, with respect to any matter within the legislative competence of  664[Majlis-e-Shoora (Parliament)] 664, and the Governor of a Province, with the prior approval of the President, may, with respect to any matter within the legislative competence of the Provincial Assembly make regulations for the peace and good government of a Provincially Administered Tribal Area or any part thereof, situated in the Province.
 
(5) Notwithstanding anything contained in the Constitution, the President may, with respect to any matter, make regulations for the peace and good Government of a Federally Administered Tribal Area or any part thereof.
 
(6) The President may, at any time, by Order, direct that the whole or any part of a Tribal Area shall cease to be Tribal Area, and such Order may contain such incidental and consequential provisions as appear to the President to be necessary and proper:
Provided that before making any Order under this clause, the President shall ascertain, in such manner as he considers appropriate, the views of the people of the Tribal Area concerned, as represented in tribal jirga.
 
(7) Neither the Supreme Court nor a High Court shall exercise any jurisdiction under the Constitution in relation to a Tribal Area, unless  665[Majlis-e-Shoora (Parliament)] 665 by law otherwise provides:
Provided that nothing in this clause shall affect the jurisdiction which the Supreme Court or a High Court exercised in relation to a Tribal Area immediately before the commencing day.
 
 

Notes

652   Substituted by Constitution (Eighteenth Amendment) Act, 2010, Section 91(a) (with effect from April 19, 2010) for "Baluchistan".
653   Substituted by Constitution (Eighteenth Amendment) Act, 2010, Section 91(a) (with effect from April 19, 2010) for "North-West Frontier".
654   The following was omitted by Constitution (Eighteenth Amendment) Act, 2010, Section 91(a) (with effect from April 19, 2010) : "and".
655   The following was omitted by Constitution (Ninetenth Amendment) Act, 2010, Section 7(i) (with effect from January 1, 2011) : " 656[
(iii) Tribal Areas adjoining Lakki Marwat District; and
(iv) Tribal Areas adjoining Tank District.
] 656".
656   Inserted by Constitution (Eighteenth Amendment) Act, 2010, Section 91(b) (with effect from April 19, 2010).
657   Inserted by Constitution (Sixth Amendment) Act, 1976 (84 of 1976), Section 4(a)(i) (with effect from October 1, 1976).
658   Substituted by Constitution (Sixth Amendment) Act, 1976 (84 of 1976), Section 4(a)(ii) (with effect from October 1, 1976) for "Hazara".
659   Inserted by Constitution (Ninetenth Amendment) Act, 2010, Section 7(ii)(a) (with effect from January 1, 2011).
660   Inserted by Constitution (Ninetenth Amendment) Act, 2010, Section 7(ii)(b) (with effect from January 1, 2011).
661   Substituted by Constitution (Sixth Amendment) Act, 1976 (84 of 1976), Section 4(b) (with effect from December 1, 1976) for :
(v) Bajaur in Malakand Agency;
662   Substituted by Revival of Constitution of 1973 Order, 1985 (President's Order No. 14 of 1985), Art 2, Sch. item 1 (with effect from March 2, 1985) for "Parliament".
663   Substituted by Revival of Constitution of 1973 Order, 1985 (President's Order No. 14 of 1985), Art 2, Sch. item 1 (with effect from March 2, 1985) for "Parliament".
664   Substituted by Revival of Constitution of 1973 Order, 1985 (President's Order No. 14 of 1985), Art 2, Sch. item 1 (with effect from March 2, 1985) for "Parliament".
665   Substituted by Revival of Constitution of 1973 Order, 1985 (President's Order No. 14 of 1985), Art 2, Sch. item 1 (with effect from March 2, 1985) for "Parliament".

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