246
| Tribal Areas. In the Constitution,
(a)
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"Tribal Areas" means the areas in Pakistan
which, immediately before the commencing day, were Tribal Areas,
and includes
(i)
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the Tribal Areas of 698[Balochistan] 698 and the
699[Khyber Pakhtunkhwa] 699 Province; 700[] 700
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(ii)
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the former States of Amb, Chitral, Dir and Swat; |
701[] 701
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(b)
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"Provincially Administered Tribal Areas" means
(i)
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The districts of Chitral, Dir and Swat
(which includes Kalam), 703[the Tribal Area in Kohistan
district,] 703 Malakand Protected Area, the Tribal Area adjoining
704[Mansehra] 704 district and the former State of Amb; and
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(ii)
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Zhob district, Loralai district (excluding
Duki Tehsil), Dalbandis Tehsil of Chagai District and Marri
and Bugti tribal territories of Sibi district; 705[] 705
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(c)
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Federally Administered Tribal Areas includes
(i)
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Tribal Areas adjoining Peshawar district; |
(ii)
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Tribal Areas adjoining Kohat district; |
(iii)
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Tribal Areas adjoining Bannu district; |
706[
(iiia)
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Tribal Areas adjoining Lakki Marwat District; |
] 706
(iv)
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Tribal Areas adjoining Dera Ismail Khan district; |
707[
(iva)
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Tribal Areas adjoining Tank District; |
] 707 708[
(v)
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Bajaur Agency; |
(va)
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Orakzai Agency; |
] 708
(vi)
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Mohmand Agency; |
(vii)
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Khyber Agency; |
(viii)
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Kurram Agency; |
(ix)
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North Waziristan Agency, and |
(x)
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South Waziristan Agency 709[; and] 709 |
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710[
(d)
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On the commencement of the Constitution (Twenty-fifth Amendment) Act, 2018, the areas mentioned in-
(i)
|
paragraph (b),-
(a)
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in sub-paragraph (i), shall stand merged in the Province of Khyber Pakhtunkhwa; and |
(b)
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iin sub-paragraph (ii), shall stand merged in the Province of Balochistan; and |
|
(ii)
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paragraph (c), shall stand merged in the Province of Khyber Pakhtunkhwa. |
|
] 710 |
|
705
The following was omitted by Constitution (Twenty-fifth Amendment) Act, 2017 (37 of 2018), Sect. 8(i)
(with effect from
May 31, 2018) : "and".
709
Substituted by Constitution (Twenty-fifth Amendment) Act, 2017 (37 of 2018), Sect. 8(ii)
(with effect from
May 31, 2018) for ".".
710
Inserted by Constitution (Twenty-fifth Amendment) Act, 2017 (37 of 2018), Sect. 8(iii)
(with effect from
May 31, 2018).
711
The following was omitted by Constitution (Twenty-fifth Amendment) Act, 2017 (37 of 2018), Sect. 9
(with effect from
May 31, 2018) : :
247
| Administration of Tribal Areas.
(1)
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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.
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|
(2)
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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.
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(3)
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No Act of 712[Majlis-e-Shoora (Parliament)] 712 shall
apply to any Federally Administered Tribal Area or to any part
thereof, unless the President so directs, and no Act of 713[Majlis-e-Shoora (Parliament)] 713 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.
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(4)
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Notwithstanding anything contained in the
Constitution, the President may, with respect to any matter
within the legislative competence of 714[Majlis-e-Shoora (Parliament)] 714, 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.
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|
(5)
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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.
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(6)
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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.
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(7)
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Neither the Supreme Court nor a High Court
shall exercise any jurisdiction under the Constitution in
relation to a Tribal Area, unless 715[Majlis-e-Shoora (Parliament)] 715 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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