Tribal Areas
246.
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 Baluchistan and the
North- West Frontier Province; and
(ii) the former States of Amb, Chitral, Dir
and Swat;
(b) "Provincially Administered Tribal Areas"
means
(i) The districts of Chitral, Dir and Swat
(which includes Kalam), the Tribal Area in
Kohistan district, Malakand Protected Area,
the Tribal Area adjoining Mansehra 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;
(iv) Tribal Areas adjoining Dera Ismail Khan
district;
(v) Bajaur Agency,
(va) Orakzai Agency,
(vi) Mohmand Agency,
(vii) Khyber Agency;
(viii) Kurram Agency;
(ix) North Waziristan Agency, and
(x) South Waziristan Agency.
247.
(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 Majlis- e- Shoora (Parliament)
shall apply to any Federally Administered
Tribal Area or to any part thereof, unless
the President so directs, and no Act of
Majlis- e- Shoora (Parliament) 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
situate, 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 Majlis- e- Shoora
(Parliament), 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 Majlis- e- Shoora (Parliament)
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.
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