Enforcement of Nizam-e-Adl to continue in tribal areas: KP cabinet

PESHAWAR: The provincial cabinet of Khyber Pakhtunkhwa has accorded approval to continuation of laws in the former Provincially Administered Tribal Areas Act 2010 and Nizam-e-Adl and other laws under Article 247 of the Constitution which would continue to be enforced in tribal areas of the province.

The cabinet meeting chaired by chief minister Mehmood Khan also approved acquiring further 368 kanal of land for the 84 Megawatt Matlatan Hydro power project in Swat district.

The cabinet also approved payment of arrears of 117 development schemes for which the finance department would provide Rs 2926.971 million as supplementary grant to the construction firms.

Click here to read Nizam-e-Adl regulation of 2009

The cabinet approved shifting of delegation of powers of Appellate court from home secretary to additional secretary judicial. The meeting also granted approval for establishment of Directorate of Drug Control and Pharmacy Services in health department to oversee service delivery in the provincial hospitals, manufacturing of medicines, sale-purchase and its standard or quality, adding the staff for the new directorate would be drawn from health department.

The provincial cabinet also granted approval for registration of publishers and printers of holy Quran in the province.

The cabinet also approved amendment into Service Act of Khyber Pakhtunkhwa Employees of Transport Department Regularization which would pay way for regularization of the services of temporary employees of the transport department.

Background: Article-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 [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 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.

(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.