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Article: 246 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 1[Balochistan] and the 1[Khyber Pakhtunkhawa] Province; 1[****]

(ii)  the former States of Amb, Chitral, Dir and Swat;

2[(iii)] Omitted.

2[(iv)] Omitted.

(b)  “Provincially Administered Tribal Areas” means –,

(i)  the districts  of Chitral, Dir and Swat (which includes Kalam) 3[the Tribal Area in Kohistan district,] Malakand Protected Area, the Tribal Area adjoining 4[Mansehra] district and the former State of Amb; and

(ii)  Zhob district, Loralia district (excluding Duki Tehsil), Dalbandin 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;

5[(iiia) Tribal Areas adjoining Lakki Marwat district;]

(iv)  Tribal Areas adjoining Dear Ismail Khan district;

6[(iva) Tribal Areas adjoining Tank district;]

7[(v) Bajaur Agency;

(va) Orakzai Agency;]

(vi) Mohmand Agency;

(vii)  Khayber Agency;

(viii)  Kurram Agency;

(ix)  North Waziristan Agency; and

(x)  South Waziristan Agency.

_________________________________________________________________________________

Footnotes:

1. Section 91(a) of the Constitution (Eighteenth Amendment) Act, 2010 (10 of 2010), substituted the said words, in place of the words, “Balochistan” and “North West Frontier”, in sub-paragraph (i) of paragraph (a) of Art. 246 and omitted the word “and” at the end of said sub-paragraph, (w.e.f. April 19, 2010).

2. Section 7(i) of the Constitution (Nineteenth Amendment) Act, 2010 (1 of 2011), omitted sub-paragraphs (iii) and (iv) of paragraph (a) of Art. 246, (w.e.f. January 1, 2011).  Section 91(b) of the Constitution (Eighteenth Amendment) Act, 2010 (10 of 2010), had inserted the said paragraphs (iii) and (iv), after sub-paragraph (ii) of paragraph (a) of Art. 246, (w.e.f. April 19, 2010). Sub-paragraphs (iii) and (iv),  as inserted in April, 2010, read :

(iii) Tribal Areas adjoining Lakki Marwat District; and

(iv) Tribal Areas adjoining Tank District.

3.  Section 4(a) of the Constitution (Sixth Amendment) Act, 1976 (84 of 1976), inserted the said words and comma in sub-paragraph (i) of paragraph (b) of Art. 246, that were deemed to be a part of said sub-paragraph (w.e.f. October 1, 1976).

4.  Section 4(a) of the Constitution (Sixth Amendment) Act, 1976 (84 of 1976), substituted the said word, in place of the word “Hazara” in sub-paragraph (i) of  paragraph (b) of Art. 246 that was also deemed to be a part of the said sub-paragraph (w.e.f. October 1, 1976).

5. Section 7(ii)(a) of the Constitution (Nineteenth Amendment) Act, 2010 (1 of 2011), inserted new sub-paragraph (iiia), after sub-paragraph (iii) of paragraph (c) of Art. 246, (w.e.f. January 1, 2011).

6. Section 7(ii)(b) of the Constitution (Nineteenth Amendment) Act, 2010 (1 of 2011), inserted new sub-paragraph (iva), after sub-paragraph (iv) of paragraph (c) of Art. 246, (w.e.f. January 1, 2011).

7.  Section 4(b) of the Constitution (Sixth Amendment) Act, 1976 (84 of 1976), substituted sub-paragraphs (v) and (va) in place of sub-paragraph (v) of paragraph (c) of Art. 246 as adopted in 1973. The said sub-paragraphs were deemed to have been substituted (w.e.f. December 1, 1973). Sub-paragraph (v) as adopted in 1973, read :

“(v) Bajaur in Malakand Agency;”

 

Comparative Table of Article 246 of the Constitution of Pakistan, 1973
Constitution of Pakistan 1962 :
223
Constitution of Pakistan 1956 :
103
Constitution of India 1950:
244A
Government of India Act 1935:
91

_________________________________________________________________________________

Leading & Latest Cases on Article 246 of the Constitution of Pakistan, 1973:

P L D 1967 DACCA 58 

 

AZIZUDDIN INDUSTRIES LIMITED 

 

COLLECTOR OF CENTRAL EXCISE & LAND CUSTOMS AND OTHERS 

 

P L D 1969 SC 344 

 

JAMIL AHMED AND ANOTHER 

 

STATE AND OTHERS 

 

SUPDT. LAND CUSTOMS, TORKHAM (KHYBER AGENCY)
ZAWWAR KHAN AND OTHERS
ABDUR REHMAN AND OTHERS
THE STATE AND OTHERS
ABDUL KHAN AND OTHERS
STATE AND ANOTHER

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