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Article: 247 Administration of Tribal Areas

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 1[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 1[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 1[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 Provincial 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 1[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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Footnotes:

1. See Footnote 2 on article 1.


Comparative Table of Article 247 of the Constitution of Pakistan, 1973
Constitution of Pakistan 1962 :
223(3)to(5)
Constitution of Pakistan 1956 :
104
Constitution of India 1950:
244&339
Government of India Act 1935:
92

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Leading & Latest Cases on Article 2476 of the Constitution of Pakistan, 1973:

SUPDT. LAND CUSTOMS, TORKHAM (KHYBER AGENCY)

ZAWWAR KHAN AND OTHERS

AHMAD HASAN AND ANOTHER

MUHAMMAD DARAZ AND ANOTHER

GOVERNMENT OF N.W.F.P.
MUHAMMAD IRSHAD AND OTHERS
P L D 2000 PESHAWAR 78
ABDUL RAUF AND ANOTHER
MESSRS MIFATAH UDDIN FLOUR MILLS (PVT.) LTD. AND OTHERS
P L D 2002 PESHAWAR 42 MEHAR DIL KHAN WAZIR ALIAS BARGAIN IBRAHIM KHAN AND 3 OTHERS

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