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.