FCR 2011

AMENDMENTS IN FRONTIER CRIMES REGULATION NO. III OF 1901
Signed by the President of Islamic
Republic of Pakistan
On 12th August 2011

 

 

 

 

 

 

 

 

 

 

REGULATION

Further to amend Frontier crimes Regulation, 1901

AMMENDED FCR         (12-08-2011)

WHEREAS, it is expedient further to amend the Frontier Crimes Regulation, 1901 (III of 1901) for the purposes hereinafter appearing;

            NOW, THEREFORE, in pursuance of the provisions contained in clause (5) of Article 247 of the Constitution of the Islamic Republic of Pakistan, the President of Pakistan is pleased to make the following Regulation:-

1.         Short title and commencement:

(1) This Regulation may be called the Frontier Crimes (Amendment) Regulation, 2011.

(2)      It shall come into force at once( )

2.      Substitution of long title and preamble Regulation III of 1901.—In  the Frontier Crimes Regulation, 1901 (III of 1901), hereinafter referred to as the said Regulation,

  1. for the long title, the following shall be substituted, namely:-

 

“further to provide for maintenance of peace, law and order and good governance in the Federally Administered Tribal Areas”;

  1. for the preamble, the following shall be substituted, namely:-

 

WHEREAS it is expedient further to provide for maintenance of peace, law and order and good governance in the Federally Administered Tribal Areas;(2)

NOW, THEREFORE, in pursuance of clause (5) of Article 247 of the Constitution of the Islamic Republic of Pakistan, the President is pleased to make the following Regulation:-”, and

  1. the words, colon and dash “it is hereby enacted as follows:-”

shall be omitted.

3.        General Amendment, Regulation III of 1901.-  In the said Regulation, for the words “Deputy Commissioner” or “District Magistrate” wherever occurring the words “Political Agent” or “District Coordination Officer or “Assistant Political Agent”, as the case may be, shall be substituted.(3)

 

 

4.        Amendment of section 1, Regulation III of 1901.-  In the said Regulation, in section 1,-

(a)     for sub-section (3) the following shall be substituted, namely:- (4)

         (3)          It shall extend to such Federally Administered Tribal Areas as may
be notified by the Governor from time to time in pursuance of
Article-145 of the Constitution of Islamic Republic of Pakistan. The
Federally Administered Tribal Areas include the tribal areas as
specified in the Third Schedule of this Regulation; and

(b)          Sub-sections (4) , (5) and Explanation :-    Omitted

2.       (5) Definitions. –  In this Regulation unless there is anything repugnant in the subject or context, –

(a)   “Appellate Authority” means an  Authority established under Section
48 of this Regulation;

    (b)   “Council of Elders” means in the Federally Administered Tribal Areas,
a council of three or more respectable elders appointed by the Political
Agent or District Coordination Officer,  as the case may be, and presided
over by Assistant Political Agent vested with powers under section 30
of the Code of Criminal Procedure 1898 (Act V of 1898);

    (c)   “FATA Tribunal” means a Tribunal established under section 55A;

    (d)   “Governor” means the Governor of Khyber Pakhtunkhwa as Agent to the
President of Pakistan for Federally Administered Tribal Areas in terms of
Article 145 of the Constitution of the Islamic Republic of Pakistan; 

    (e)   “Qaumi Jirga” means Jirga consisting of respectable elders and
representatives of the tribes; and

     (f)    “Rewaj” means usages, traditions and Customs of the tribes in vogue in
Federally Administered Tribal Areas.

3.         Relation of Regulation to other laws. – (1)  The provisions of this Regulation shall take effect in case to which they apply, notwithstanding anything contained in any other law for the time being in force.

           (2)        The powers conferred by this Regulation may be exercised in addition to any powers conferred by or under any other law for the time being in force, and, where the contrary is not expressed or implied, other laws in force in Tribal Areas in which all or any of the provisions of this Regulation are for the time being in force shall, so far as may be, apply to cases dealt within that place under this Regulation.
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                4.             For Sec 2 (3) of FCR Regulation 1901, Sec 4 (a) of amended Regulation substituted.
5.             Substituted for Sec 2 of Regulation III of 1901.

 

              (3)     (6) The laws specified in the Second Schedule shall apply to the Federally Administered Tribal Areas.

4.   Assistant Political Agent.- (1)   In any (7) Agency or Frontier Region in the whole or any part thereof where all or any of the provisions of this Regulation are for the time being in force, the (8)Governor may confer powers under section 30 of the Code of Criminal Procedure, 1898 (act V of 1898) on any Assistant Political Agent.  

           (2)        (9)Every Assistant Political Agent so appointed shall have all the ordinary powers of a Magistrate of the first class as specified in Schedule III and additional powers as specified in Part I of Schedule IV to the Code of Criminal Procedure, 1898 (Act V of 1898), and may pass any sentence of imprisonment or fine or both as provided in this Regulation.

            (3)       When exercising any of the powers of a Political Agent or District Coordination Officer under this Regulation, an Assistant Political Agent shall be deemed, for the purposes of this Regulation to be the Political Agent or District Coordination Officer, as the case may be, and shall exercise all or any of the powers specified in the First schedule.

          (4)         Every Assistant Political Agent shall exercise his powers in subordination to the Political Agent or District Coordination Officer, as the case may be, and in such cases or class of cases, and within such local limits as the Political Agent or District Coordination Officer may, by order in writing, direct.

5.        Power of Political Agent or District Coordination Officer to transfer the case.-  The Political Agent or the District Coordination Officer may, on the application of any of the parties, after notice to the other party and hearing them, transfer any civil or criminal matter to any Assistant Political Agent, within thirty days from the appointment of the Council of Elders and shall record reasons thereof for such transfer of the  case.

6.                                                     Omitted

(10) 7.  Tender of pardon to accomplices. – 
Section 337 of the Code of Criminal Procedure, 1898 (Act V of 1898), for the purpose of this Regulation, shall be construed to read as under .-

 (1)    In the case of any offence, the officer,   at any stage of the investigation or inquiry into, or trial of the offence, with a view to obtaining the evidence of any person supposed to have been directly or indirectly concerned in or privy  to the offence, the Political Agent or the District Coordination Officer, as the case may be, may tender pardon to such person on condition of his making full and true disclosure of the whole of the circumstances within his knowledge related to the offence and to every other person concerned, whether, as principal or abettor, in the commission thereof:
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6.             Added in sec 3 of Amended Regulation 2011.
7.             Substituted by Amended Regulation 2011 for the word “District”.
8.             The word “Governor” substituted for Provincial Government in Regulation III of 1901.
9.             Substituted for Sec 4 (2) of Regulation III of 1901.
10.           Substituted for Sec 7,8,9,10 and 11 of Regulation III of 1901.

 

              Provided that no person shall  be tendered pardon who is  involved in an offence relating to hurt or ‘qatl’ without permission of the victim or, as the case may be, of the heirs of the victim.

(2)      The Political Agent or District Coordination Officer, as the case may be, who tenders a pardon under sub-section (1) shall record his reasons for doing so.

(3)        Every person accepting a tender of pardon under this section shall be examined as a witness in the subsequent trial, if any.

(4)           Such person, unless he is already on bail, shall be detained in custody until the termination of the trial.

8.         (11) Civil reference to the Council of Elders. –  (1)       Where the Political Agent or the District Coordination Officer, as the case may be, is satisfied from any information that a civil dispute exists between the parties which is likely to cause breach of peace, he may, for the settlement thereof make an order in writing stating the grounds for his being so satisfied, refer the dispute within fifteen days to the Council of Elders, for findings in accordance with Rewaj who shall give its findings within ninety days on the issues in dispute after making necessary inquiry and hearing the parties and their witnesses

            (2)       (12) Where a reference to the Council of Elders is made under sub-section (1), the Political Agent or the District Coordination Officer, as the case may be, shall nominate  the Council of Elders. The names of the members so nominated be communicated t the parties, and any objection taken thereto by any of the parties, shall be recorded.  The Political Agent or the District Coordination Officer, as the case may be, shall dispose of the objections after hearing the parties and recording the reasons thereof, appoint the members of the Council accordingly.

              (3)     The order of reference made under sub-section (1) shall state the issues in dispute on which the findings of Council of Elders is required.

               (4)    (13) On receipt of the findings of Council of Elders, the Political Agent or the District Coordination Officer, as the case may be, by recording his reasons may,-

  1. pass a decree in accordance  with the findings of the majority of the Council of Elders; or

 

  1. remand the case to the Council of Elders for further inquiry and findings.

9.         (14) Effect of decree on finding of Council. -  A decree passed under clause (a of sub-section (4) of section 8 shall,-

  1. be a final settlement of the case so far as the decree relates to the matter stated in the reference; and

 

  1. have, to that extent and subject to the provision of this Regulation with respect to the finding of appeal or revision as the case may be, the same effect as a decree of a Civil Court of ultimate jurisdiction, and be enforced by the Political Agent or the District Coordination Officer, as the case may be, as a decree of such Court.

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11.           Substituted for Sec. 8 (1) of Regulation III of 1901.
12.           Substituted for Sec. 8 (2) of Regulation III of 1901.
13.           Substituted for Sec. 8 (3) of Regulation III of 1901.
14.           Substituted for Sec. 9 (a) (b) of Regulation III of 1901.

10.       Restriction on jurisdiction of Civil Courts.- No Civil Court shall have Jurisdiction to call in question the legality of anything done or purported to be d one in respect of any matter, the cause of action whereof has arisen I the Tribal Area.(15)

11.       (16) Criminal references to Council of Elders.-    (1) Whenever an offence, of which the Political Agent or District Coordination Officer is competent to take cognizance under this Regulation, is committed, the case shall be registered and the accused shall be produced before the Assistant Political Agent concerned within twenty four hours of the arrest of the accused excluding the time necessary for the journey from the place of arrest to the Assistant Political Agent having jurisdiction. The Political Agent or District Coordination Officer, as the case may be, shall make an order in writing referring the question for finding of guilt or innocence of any person or persons accused of any offence or offences, to the Council of Elders for its findings who after holding necessary inquiry and hearing the parties and witnesses, submit its findings to the Political Agent or District Coordination Officer, as the case may be. The Political Agent or District Coordination Officer shall appoint the members of the Council of Elders within ten days from the date of arrest of the accused and shall require the Council of Elders to submit its findings on the question referred to within ninety days.

(2)        Where a reference to the Council of Elders is made under sub section (1) and the members of the Council have been nominated by the Political Agent or District Coordination Officer, as the case may be, the names of the members so nominated be communicated to the accused and the complainant, and any objection taken thereto by any of the parties, shall be recorded. The Political Agent or the District Coordination Officer, as the case may be, shall dispose of the objections after hearing the parties and the reasons thereof be recorded and appoint the members of the Council accordingly.

(3)       On receipt of the findings of the Council of Elders, the Political Agent or the District Coordination Officer, as the case may be, by recording his reasons may,-

  1. pass an order in accordance with the findings of the majority of the Council of Elders; or

 

  1. remand the case to the Council of Elders for further inquiry and findings.

   
(4)    No person shall be prosecuted or punished for the same offence more than once”.

(17) 11A.  BAIL.   (1)  Where any person accused of non-bailable offence is arrested or detained or appears or is  brought before the Political Agent or District Coordination Officer, as the case may be, he may be released on bail,.  However he shall not be so released if there appear reasonable grounds for believing that he has been guilty of an offence punishable with imprisonment for ten years:

                 Provided that the Political Agent or District Coordination Officer may
Direct that any person under the age of sixteen years or any woman or any
sick or infirm person accused of such an offence be released on bail:
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15.           Substituted for Sec. 10 of Regulation III of 1901.
16.           Substituted for Sec. 11 (1) (2) (3) of Regulation III of 1901.
17.           Inserted in Amended Regulation 2011.                              

 

                   Provided further that a person accused of an offence as aforesaid
shall not be released on bail unless the prosecution and the complainant
has been given notice to show cause why he should not be so released.

                 (2)     If it appears to the Political Agent or District Coordination Officer, as the case may be, at any stage of the investigation, enquiry or trial that there are no reasonable grounds for believing that the accused has committed a non-bailable offence, but that there are sufficient grounds for further enquiry into his guilt, the accused may, pending such enquiry be released on bail with or without sureties for his appearance.

                 (3)     The Political Agent or District Coordination Officer, as the case may be, releasing any person on bail under sub section (1) or (2), as the case may be, shall record his reasons in writing for so doing.

                  (4)     Nothing herein shall be deemed to authorize the Political Agent or District Coordination Officer, as the case may be, to release on bail any person accused of non-bailable offence not in custody or not produced before him.

                  (5)     The FATA Tribunal, Appellate Authority or in case of a person released on bail by the Political Agent or District Coordination Officer, as the case may be, may cause any person who has been released under this section, to be re-arrested and may be committed to custody by an order recording reasons for so doing.

(18)  11B.   Reference by Qaumi Jirga in exceptional cases.  The Political Agent or District Coordination Officer, as the case may be, may take cognizance of any offence or civil dispute in exceptional circumstances, if so recommended by a Qaumi Jirga of the Tribe in the interest of justice and public peace.

(19)  12. Punishment on conviction on findings of Council. –  Where the Political Agent or District Coordination Officer, as the case may be, convicts a person under clause (9) of sub-section (3) he may pass sentence of imprisonment or fine or both for the offence, provided that the sentence shall not exceed fourteen years.

(19) 13. Manner of enforcing sentences. – (1)    Any sentence passed under Section 12 shall be executed in the manner provided for the execution of sentences in Chapter XXVIII of the Code of Criminal Procedure, 1898 (Act V of 1898); and-

  1. an offence punishable with  imprisonment for life shall be punishable with rigorous imprisonment for a term which may extend to fourteen years;.
  1. the imprisonment in default of  payment of fine shall be simple

        and the provisions of sections 63 to 70 of the Pakistan Penal
Code, 1860 (Act XLV of 1860) shall, subject to aforesaid
provisions, apply to sentences passed under this Regulation; and

  1. the sentence imprisonment and fine provided by the Pakistan Penal

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18.           Inserted in Amended Regulation 2011.
19.           Substituted for Sec. 12 and 13 of Regulation III of 1901.

 

Code or any other law specified in the Second Schedule to this Regulation for the offence shall (1860 XLV of 1860) be applicable to such offence committed in Federally Administered Tribal Areas.

14.                                                     Omitted

15.                                                           Omitted

16.                                                           Omitted

17.                                                           Omitted

18.                                                           Omitted

(20)  19. Record of Political Agent or District Coordination Officer. –  (1)   Where the Political Agent or District Coordination Officer, as the case may be,  passes any sentence of imprisonment or fine or both, he shall maintain a complete record of the case and record his reasons for passing the sentence.

(2)        The record shall be made by the Political Agent or District Coordination Officer, as the case may be, and the Council of Elders in Urdu or English or Pushto.

20. Attendance of parties and witnesses before Political Agent or District Coordination Officer or Council of Elders. –  Where a reference is made to a Council of Elders, the Political Agent or the District Coordination Officer, as the case may be, may exercise all or any of the powers conferred by the Code of Civil Procedure, 1908 (Act V of 1908) and the Code of Criminal Procedure, 1898, (Act V of 1898) respectively, as the case may be, for the purpose of compelling the attendance, before himself or the Council of Elders or Joint Council of Elders, of the parties, and witnesses, or any of them, in any case and at any stage of the proceedings.

(21)  21. Blockade of hostile or unfriendly tribe. –   In the event of any tribe of Federally Administered Tribal Areas or any section of the tribe or any member of the tribe, acting in hostile, subversive or offensive manner towards the State or to any person residing within the settled area of Pakistan, the Political Agent or District Coordination Officer, as the case may be, by an order in writing may direct,- 

  1. The arrest of hostile members of such tribe wherever they may be, and the attachment of the property both movable and immovable wherever it may be found, belonging to them or any of them;

 

  1.  the detention in safe custody of any person so arrested or property so attached; and,

     (c)  debar all or any member of the Tribe from access into the settled area of
Pakistan by public proclamation:

            Provided that the above-mentioned actions shall be taken against
the plareena of the accused in the first instance, and if the circumstances
so warrant, then any or all of the following actions may be taken by a
well-reasoned order in writing against,-  

  1. the sub section of the tribe of the accused;
  2. the section of the tribe of the accused;

(iii)       any other section of the tribe of the accused,
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                20.           Substituted for Sec 19 to 32 of Regulation III of 1901.
21.           Substituted for Sec 21 of Regulation III of 1901.

  1. Sec 1(3) (4) (5) omitted in FCR (Amendment) Regulation 2011.
  2. Preamble of FCR 1901 (Regulation III of 1901), Amended in Sec 2(a) (b)
  3. The words Deputy Commissioner/District Magistrate substituted by words Political Agent/District Coordination Officer and Assistant Political Agent in FCR (Amendment) Regulation 2011.

Provided further that the confiscation of the property so attached
shall be made after public proclamation and holding necessary inquiry,:
Provided also that women, children less than sixteen years of age
persons over sixty-five years of age shall not be arrested and
detained under this section.

Explanation :-
Plareena as mentioned in first proviso includes the male descendants of the paternal grandfather of the accused.

22.       Fines on communities accessory to crime. -  Where, from the circumstances of any case, there appears to be good reason to believe that the inhabitants of any village, or part of a village, or any of them, have -

  1. connived at, or in any way abetted, the commission of any offence; or

 

  1. failed to render any assistance in their power to discover the offenders or to effect their arrest;

(c)      connived at the escape of, or  harboured any offender or person
suspected of having taken part in the commission of any offence; or

(d)      combined to suppress material evidence of the commission of an
offence;

the Political Agent or District Coordination Officer, as the case may be, may  with the previous sanction of the Commissioner, impose a fine on the inhabitants of such village or part of a village, or any of them as a whole:

                (22) Provided that women, children less than sixteen years of age and persons over sixty-five years of age shall not be arrested and detained under this section.

(23)  Explanation:  (2)  Nothing contained hearing shall be construed to debar the Political Agent or District Coordination Officer, as the case may be, to take any appropriate action against the personnel entrusted with watch and ward duties in the particular locality in accordance with Rewaj.

23.       Fines on communities where murder or culpable homicide is committed or attempted.  –  Where, within the area occupied by a village community or part of a village-community, a person is found  dangerously or fatally wounded, or the body is found of a person believed to have been killed, the members of the village community or part thereof shall be deemed to have committed an offence under Section 22, unless the elders of the village-community or part thereof show that the members thereof -

  1. had not found an opportunity of preventing the offence or arresting the offender; or

 

  1.    have used all reasonable means to bring the offender to justice.

24.       Recovery of fines.  –  Fines imposed under Section 22 shall, in default of payment, be recoverable as if they were arrears of land revenue due by the members of the community or part thereof upon whom the fine is imposed.

25.       Forfeiture of remissions of revenue etc. in the case of communities and persons accessory to crime.-  Where a village-community or part of a village-community has become
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                22.           Inserted as Sec 22 (Proviso) in Amended Regulation 2011.
23            Inserted as Explanation in Amended Regulation 2011.
liable to fine under Section 22, it shall further be liable to forfeit, in whole or in part and for a term or in perpetuity, any remission of land revenue of which it may be in joint enjoyment, and the members of the village-community or part thereof, as the case may be, shall in like manner be liable severally to forfeit any assignment or remission of land-revenue or allowance paid out of public funds which they, or any of them, may enjoy.

26.       Forfeiture of public emoluments etc. of persons guilty of serious offences or of conniving at crime.  –  Where it is shown to the satisfaction of the Political Agent or District Coordination Officer, as the case may be, that any person who is in the enjoyment of an assignment or remission of land-revenue or allowance payable out of public funds, has been guilty of a serious offence,  or has colluded with or harboured any criminal, or has suppressed material evidence of the commission of any offence, or has failed, on the investigation of any criminal case, to render loyal and proper assistance to the authorities, to the best of his ability, the Political Agent or District Coordination Officer, as the case may be, may in addition to any other penalty to which such person may be liable under any law for the time being in force, direct the forfeiture, in  whole or in part and for a term or in perpetuity, of such assignment or remission of land-revenue or allowance, as the case may be:

            Explanation.  –  For the purposes of this section the expression “serious offence” means any offence punishable with imprisonment for a term which may extend to three years or more.

27.       Powers to direct forfeiture.  –  Forfeiture under Section 25 or Section 26 may be adjudged by order of the Political Agent or District Coordination Officer, as the case may be, for a term which may extend to three years, and by order of the Governor or any office authorized by him for any longer term or in perpetuity.

28.       (24)  Powers of Governor saved.  –  Nothing in Sections 25, 26 and 27 shall affect the powers of the Governor  with respect to the grant, continuance or forfeiture, in whole or in part, of any assignment or remission of land-revenue or of any allowance paid out of public funds.

29.       Preparation to commit certain offences.  –  Where a person is found carrying arms in such manner or in such circumstances as to afford just grounds of suspicion that the arms are being carried by him with intent to use them for an unlawful purpose, and that person has taken precautions to elude observation or evade arrest, he shall be taken in custody and be tried as provided in Section 11 and if found guilty, may be punished with fine which may extend to five thousand rupees  and the arms  carried by him be confiscated and in case of habitual offender or previous convict, he may  be punished .with imprisonment which may extend to two years or with fine which may extend to rupees ten thousand and the arms carried may be confiscated.

30. Adultery.- A married woman who, knowingly and by her own consent, has sexual intercourse with any man who is not her husband, is guilty of the offence of adultery, and shall be punishable with imprisonment for a term which may extend to five years, or with fine, or with both.

           (2)  Cognizance shall not be taken of an offence under this section unless a complaint has been made by the husband of the woman, or, in his absence, by a person who had care of the woman on his behalf at the time when the offence was committed.
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                24.           Substituted for Sec. 28 of Regulation III of 1901.

 

 

31.       Power to prohibit erection of new villages or towers on frontier. –  (1)  No new hamlet, village-habitation, tower or walled enclosure shall, without the previous sanction in writing of the Political Agent or District Coordination Officer, as the case may be, who may
either grant or refuse such sanction as he thinks fit, be erected at any place within one hundred and twenty yards from the center of the road. (25)

            (2)        Where the Political Agent or (26) District Coordination Officer, as the case may be, refuses to sanction the erection of any such hamlet, village-habitation, tower or walled enclosure, as the case may be, he shall record his reasons in writing for so doing.

32.       Power to direct removal of villages. –  Where it is expedient on military grounds, the Federal Government may, by order in writing, direct the removal of any village situated in close proximity to the frontiers of Islamic Republic of Pakistan to any other suitable site, and award to the inhabitants such compensation for any loss which may have been occasioned to them by the removal of their village as, in the opinion of the Federal Government, is just and adequate.

33.                                                      Omitted

34.     (27)  Attachment or demolition of buildings used by robber etc.  –: (1)  Where the Political Agent or District Coordination Officer, as the case may be, is satisfied that any building is habitually used as a meeting place by robbers, house-breakers, thieves, receivers of stolen properties, protectors or harbourers of thieves or their abettors, habitual offenders who commit or attempt to commit, or abet the commission of the offences of kidnapping, abduction, extortion, cheating, mischief, car lifting, offences involving breach of peace, or by desperate and dangerous criminals or for  or for the purpose of gambling, he may, by order in writing, direct the arrest of such persons and  prohibit the owner or occupier thereof from so using such building, and, if the order is not obeyed, he may, by a like order, direct that the building be attached in favour of Government of Pakistan, and where such attachment is not feasible, then the Political Agent or District Coordination Officer, as the case may be, may pass an order of the disposal of the building if the Jirga of the Tribe expresses its inability to effect surrender of the accused to the Administration.  Such further order shall be without prejudice to any punishment to which the offenders or owner or occupier of such building may, under any law for the time being in force, be liable for disobedience of the prohibitory order.

(2)        No person shall be entitled to any compensation in respect of the disposal of any building under Sub-section (1).

35.                                                  Omitted

36.       Power to require persons to remove in certain cases. –  Where, in the opinion of the Political Agent or District Coordination Officer, as the case may be, any person, -
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                25.           Substituted for Sec 31 of Regulation III of 2011.
26.           Substituted for the word  “Commissioner” in Sec. 31 of Regulation No. III od 1901
27.           Substituted for Sec. 34 of Regulation III of 1901.

 

 

(a)      is dangerously fanatic; or

(b)      belongs to a frontier tribe and has no ostensible means of
subsistence or cannot give a satisfactory account of himself; or

  1.      has a blood-feud; or

 

  1.      has occasioned cause of quarrel likely to lead to blood-shed;

the Political Agent or District Coordination Officer, as the case may be,  may  by order in writing, require him to reside beyond the limits of the territories to which this Regulation extends, or at such place within the said territories as may be specified in the order:

            Provided that, if the person has a fixed habitation in the place which the Political Agent or District Coordination Officer, as the case may be, requires him to leave, an order under this section may not be made without the recommendations of Council of Elders.(28)

37.       Penalty for breach of certain orders.  –  Whoever contravenes the provisions of Section 31, or disobeys an order under Section 21 or Section 32, or a prohibition under Section 34, or a requisition under Section 36, shall be punishable with imprisonment for a term which may extend to one year, and shall also be liable to fine which may extend to ten thousand rupees. (29)

38.       Powers of arrest.  –  In any place in which all or any of the provisions of this Regulation are for the time being in force  -

(i)      any private person may, without an order from a local administration and without a warrant, arrest or cause to be arrested, and make over or cause to be made  over to Political Agent or District Coordination Officer, as the case may be, or take or cause to be taken to the nearest notified post of the local administration, any person who has been concerned in any cognizable offence or against whom a reasonable complaint has been made or credible information has been received, or a reasonable suspicion exists of his having been so concerned; and

(ii)    (30)  Section 46 of the Code of Criminal Procedure, 1898 (Act V of 1898), shall,  mutatis mutandis apply to Federally Administered Tribal Area.

39.       Arrest without warrant in cases under Section (31) 496A, Pakistan Penal Code 1860 (XLV of 1860).-  (1) Where there is reason to believe that a person has committed or attempted to commit an offence punishable  under Section 496A of the Pakistan Penal Code (XLV of 1860), an officer of Law Enforcement Agencies, under the command of Political Agent or District Coordination Officer, as the case may be, without an order from a Magistrate and without  a Warrant, arrest that person on the requisition of the husband of the woman, or, in his absence of a person having the care of her on his behalf, or, in the absence of both the husband and any such person as laws aforesaid from the village in which the woman resides, on the requisition of a head man of the village.

             (2)   An officer of Law Enforcement Agencies, under the command of Political Agent or District Coordination Officer, as the case may be, making an arrest under sub-section (1) shall, without unnecessary delay, take or send the person to the nearest Magistrate having jurisdiction. (31)
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                28.           Substituted for the word “Commissioner” of Regulation III of 1901.
29.           Substituted for the words “up to six months” of Regulation III of 1901.
30.           Inserted in Amended Regulation of 2011.
31.           Substituted for 3 a (2) of Regulation III of 1901.

             (3)  The Magistrate may in default of bail being furnished to his satisfaction, detain the person arrested for such period, not exceeding fourteen days, as may be necessary to enable the husband, or, his absence, a person who had care of the woman on his behalf, to make a complaint.

40.       (32) Security for keeping peace. –   (1)  Where any person, who is likely to do any wrongful act or commit any offence, which may cause breach of peace or disturb the public tranquility, is produced before the Political Agent or District Coordination Officer, as the case may be, he may require such person to show cause why he should not be ordered to execute a bond with or without sureties for good behavior and keeping the peace for a period not exceeding two years.

       (33) (2)  The Political Agent or District Coordination Officer,  as the case may be, shall hold necessary inquiry as nearly as may be practicable,  into the truth of the information upon which such action has been taken, in accordance with sub-section (2) of 117 of the Code of Criminal Procedure 1898 (Act V 1898).

      (34)  (3)  Pending completion of such inquiry, the Political Agent or District Coordination Officer, as the case may be, if he considers that immediate measures are necessary for preventing the breach or commission of any offence, direct the person to execute a bond with or without sureties for keeping the peace and maintaining good behavior failing which he may be detained until such bond is executed or, in default of execution of bond, until the inquiry is concluded. within a period of 30 days

        (4)   After holding such inquiry, as provided above, if it is proved that there is an apprehension of breach of peace or disturbance of public tranquility,  the Political Agent or District Coordination Officer, as the case may be, may pass an order directing such person to execute the bond with or without sureties for his good behaviour and for keeping peace and tranquility for a period not exceeding two years failing which he may be detained. In case it is not proved that there is any apprehension of breach of peace or disturbance of public tranquility, the Political Agent or District Coordination Officer, as the case may be, shall release such person if in custody, and if not in custody shall discharge him.
(35) (5)   Where a person has been convicted of the offences in section 106 of the Code of Criminal Procedure 1898 (Act V of 1898), for the offences under the laws mentioned in the Second Schedule he may be ordered to execute a bond with or without sureties for his good behavior and for keeping the peace.  If the conviction is set aside on appeal or otherwise, the bond so executed shall become void. 

        (36) (6)  Where the Political Agent or District Coordination Officer, as the case may be, is of the opinion that sufficient grounds exist for making an order under sub-section, (4) he may, by order in writing, direct that the person concerned after his release shall notify his residence and any change of his residence in the manner prescribed in section 565 of the Code of Criminal Procedure, 1898, for a term not exceeding two years.
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32.           Substituted for Sec. 40 (1) (2) of Regulation III of 1901.
33.           Substituted for Sec. 40 (2) of Regulation III of 1901.
34.           Sub section (3) of Sec. 40 of amended Regulation 2011, previously sub sec 2 (A) of Sec. 40 of Regulation 1901 was inserted
by W.P, Ordinance of 1963, Sec. 2 shall apply to Quetta and Kalat divisions only.
35.           Substituted for Sec. 40 (3) of Regulation III of 1901.
36.           Substituted for Sec. 40 (5) of Regulation III of 1901.
40-A.  (37)  Arrest by Authorities other than Political Agents etc.-    Whenever a person is arrested by the authorities other than Political Agents, District Coordination Officers or their subordinate staff and is produced before the Political Agent or District Coordination Officer, as the case may be, he shall immediately inform the Governor or an Officer authorized by him as the Chairman FATA Tribunal about the production of such person before him and thereafter shall proceed against him in accordance with the provision of this Regulation and the circumstances of the case.

41.       (38)  Security from families or factions in case of blood-feud.  –  Where a blood-feud or other cause of quarrel likely to lead to blood-shed exists, or, in the opinion of the Political Agent or District Coordination Officer, as the case may be, is likely to arise between two families or factions or tribes, the Political Agent or District Coordination Officer, as the case may be, after holding an enquiry as hereinafter provided, order or any of the members of both families or factions or tribes or of either family or faction or tribe to execute a bond, with or without sureties for their good behavior and keeping the peace, during such period, not exceeding two years as he may fix.

42.       (38)  Procedure in inquiry.  –    Where the Political Agent  or District Coordination Officer, as the  case may be, hold an inquiry under this Regulation, he shall follow the procedure as prescribed in  section 117 (2) of the  Code of Criminal Procedure, 1898 (Act V of 1898), as nearly as may be practicable. The record of the enquiry proceedings shall be maintained and such enquiry shall be concluded within thirty days.

43.       (38)  Breach of bond.  –  (1)  A bond executed under Section 40 shall be liable to be forfeited if the person bound thereby to be of good behaviour or to keep the peace as the case may be, commits or attempts to commit, or abets the commission of, any offence punishable with imprisonment or fine or both.

            (38)  (2) A bond executed under Section 41 shall be liable to be forfeited, if the person or persons bound thereby to be of good behaviour or to keep the peace, as the case may be, commit or attempt to commit, or abet the commission of, any offence punishable in respect of any member of the opposite family or faction or tribe to which the bond related.

            (38)  (3) If, while a bond executed under Section 41 is in force, the life of any member of either family or faction or tribe is taken or attempted to be taken, the Political Agent or District Coordination Officer, as the case may be, may declare the bond of all or any of the members of the other family or faction or tribe and their sureties if any to be forfeited, unless it is shown to his satisfaction that the homicide or attempt was not committed by, or in consequence of the abetment of, any member of that family or faction or tribe.

           (38)  (4)      The procedure as provided in Chapter XLII of the Code of Criminal Procedure 1898 (Act V of 1898), shall be followed for the forfeiture of the bond under this Regulation.

(38)  44.   Imprisonment in default of security.  –  (1)  Where a person ordered to give security under section 40 or section 41, does not give security on or before the date on which the period for which the security is to be given commences or in cases of forfeiture
_____________________
37.           Inserted by amended Regulation 2011.
38.           Substituted for Sec 41 to 45 of Regulation III of 1901.

 

 

of bond,  he shall be committed to prison or, if he is already in prison, be detained in prison until the period for which the security was required, expires, or until within such period he or they furnish the required security bond to the satisfaction of the Court..

            (38)  (2)  Imprisonment for failure to give security under this Chapter may be simple as the offence requiring the security directs in each case.

(38)  45.    Length of imprisonment.  –  Where a person has suffered imprisonment for two years for failure to give security under section 40 or section 41, he shall be released forthwith, provided where the person in the opinion of the Political Agent or District Coordination Officer, as the case may be, is habitual or desperate or hardened criminal or the grounds on which he was detained have not ceased, the Political Agent or District Coordination Officer, as the case may be, may proceed afresh under the provisions of this Chapter for passing a fresh order and reasons thereof be recorded.

46.                                                   Omitted

(39)  47. Modified applications of Chapters VIII and XLII, Act V of 1898  — Where, within the territories in which all or any of the provisions of this Regulation are for the time being in force, it is found necessary or expedient to take security under this Regulation from the inhabitants of the Federally Administered Tribal Areas against whom all or any of the provisions of Section 40 to 45 may for the time being   in force, the provisions of Chapters VIII and XLII of the Code of Criminal Procedure, 1898, shall be read as if for the words “High Court”, “Court of Session” and “Sessions Judge” wherever they occur, the words “FATA Tribunal and the Appellate Authority” be substituted, and all references to any such Court shall be deemed to refer to FATA Tribunal or the Appellate Authority, as the case may be.

(39)  48. Appeal.  –    An appeal shall lie to the Commissioner or Additional Commissioner if authorized so by the Governor, within thirty days from the date of any decision given, decree or sentence passed, or order made by the Political Agent or District Coordination Officer, as the case may be, under this Regulation.

49.                                                     Omitted

(40)  50. Powers in exercise of criminal appellate jurisdiction.  –  The Appellate Authority may, in the exercise of its appellate jurisdiction in any criminal proceedings, exercise the powers to direct tender of pardon conferred by section 338 of the Code of Criminal Procedure 1898, and any of the powers conferred on an Appellate Court by sections 195, 405 to 410,422, 423, 426 to 428 of the Code of Criminal Procedure, 1898 (Act V of 1898), and may also enhance any sentence after issuance of show cause notice to the convict:

              Provided that nothing in this Chapter shall be deemed to authorize the Appellate Authority
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39.           Substituted for Sec. 47 and Sec. 48 of Regulation III of 1901
40.           Substituted for Sec. 50 to Sec. 55 of Regulation III of 1901.

 

 

 

 

to set aside the findings on any question of fact of a Council of Elders,  where such findings have been accepted by the Political Agent or District Coordination Officer, as the case may be, unless it is of the opinion that there has been a material irregularity or defect in the proceedings or that the proceedings have been so conducted as to occasion a miscarriage of justice. The Appellate Authority shall dispose of the appeal within sixty days.

(40)  51.  Sentences which may not be passed on appeal.  –  No sentence shall be passed by the Appellate Authority in the exercise of its appellate jurisdiction which the Political Agent or District Coordination Officer, as the case may be, could not have passed under this Regulation.

(40)  52. Powers in exercise of civil appellate jurisdiction.  – The Appellate Authority may on appeal confirm, set aside, vary or modify the decision, decree or order appealed against or remand the case:

             Provided that nothing in this Chapter shall be deemed to authorize the Appellate Authority to vary or set aside any decision, decree or order given, passed or made in any civil proceedings under this Regulation, unless it is of the opinion that there has been a material irregularity or defect in the proceedings or that the proceedings have been so conducted as to occasion a miscarriage of justice or that the decision, decree or order is contrary to good conscience or public policy.

(40)  53.  Record of reasons.  – Where the Appellate Authority, in the exercise of its appellate jurisdiction in any proceedings under this Regulation, varies or set aside any decision, decree, sentence or order, he shall record its reasons for so doing.

(40)  54.  Bar of review of order passed by Political Agent or District Coordination Officer. –  The Appellate Authority, Political Agent or the District Coordination Officer, as the case may be, shall not review any decision, decree, sentence or order given, passed or made by itself.

(40)  55.  Enforcement of orders made on appeal.  –  Every decision given, judgment and decree passed or order made by the Appellate Authority in exercise of its appellate jurisdiction shall be enforced as if it was a judgment, decree or an order of the Political Agent or District Coordination Officer, as the case may be, and the Political Agent or District Coordination Officer, as the case may be, shall do all acts and things necessary to give effect thereto.

(41)  55 A. (1)    A revision shall lie to the FATA Tribunal within 90 days against any decision given, judgment, decree or sentence  passed or order made by the Appellate Authority under this Regulation.

 

            (2)  FATA Tribunal shall consist of a Chairman, being a person who has been a Civil Servant of not less than BPS-21 having experience of Tribal Administration and two other members, out of whom one shall be a person who is qualified to be appointed as Judge of the High Court, well conversant with Rewaj, and the other who has been a Civil Servant of not less than BPS-20 having experience of Tribal Administration.
________________________________

41.             Substituted for Sec. 55-A of Regulation III of 1901.

             (3)  The Chairman and the members shall be appointed by the Governor on such terms & conditions as he may determine for a period of three years or during the pleasure of the Governor.

    (4)  The Tribunal shall have the same powers which the Appellate Authority has been invested under sections 50 & 52 of this Regulation and may also call for the record of any proceedings or case from the subordinate forum and revise any decision, decree, sentence or order given, passed or made under this Regulation. The Tribunal may whenever it thinks proper, direct.-

  1.  that a person within limits of its jurisdiction be brought up before the Tribunal to be dealt with according to law;
  2. that a person illegally or improperly detained in public or private custody within such limits be set at liberty;
  3. that a person detained in any jail situated within such limits be brought before the tribunal to be there examined as a witness in any matter pending or to be enquired into such Tribunal; and
  4. that a prisoner within such limits be removed from a custody to another for purpose of trail.  

 

              (5) The Tribunal may from time to time, frame rules to regulate the procedure in such  cases. 

(42)  55AA.     Review.-  The FATA Tribunal may, on an application of any person, filed within thirty days, considering himself aggrieved of any decision given, judgment and decree passed or order made by it, review the same to correct any mistake or error apparent on the face of record or for any other sufficient ground and shall record reasons thereof.

(43)  55AAA.    False Prosecutions,-  (1)  Where the Political Agent or the District Coordination Officer, as the case may be, finds that the accusation against the accused was false or malicious, he may call upon the complainant or the informant to show cause why he should not pay adequate compensation to such accused or, where there are more than one, to each or any of such accused, after considering any cause which such complainant or informant may show, and on the satisfaction of the Political Agent or the District Coordination Officer, as the case may be, was false and malicious, he may, for reasons to be recorded in writing, order the complainant or informant to pay adequate compensation to such accused or each of any of such accused keeping in view the nature of the accusation and quantum of sentence of offence with which he was falsely or maliciously charged and in default of payment of compensation shall suffer simple imprisonment which may extend to six months.

           (2)   In any civil matter the Political Agent or the District Coordination Officer, as the case may be, finds that any claim or defence of any party to be false, frivolous or
____________________

                42.           Inserted by Amended Regulation of 2011.
43.           Inserted by Amended Regulation of 2011.

 

 

vexatious, he may direct to pay the cost of litigation and also grant compensatory cost corresponding to the false  claim or defence, as the case may be.

(44)  56.   Protection of Property Rights. – No person shall be compulsorily deprived of his property unless he is paid adequate compensation with consensus rate or government assessed value as in vogue in settled areas.

(44)  57. Power of Political Agent or District Coordination Officer to order disposal of certain fines. –   (1) The Political Agent or District Coordination Officer, as the case may be, may make such order in writing for the disposal of any fine imposed under Sections 12 and  22, deposited in Agency Welfare Fund to be regulated by the rules to be framed under Section 62.

            (2)        Where, in pursuance of an order made under Sub-section (1), a person has received compensation for an injury out of the proceeds of a fine, no Civil Court shall take cognizance of a claim to compensation based on the same injury.

(45)  58.  Maintenance of register. – (1) Registers shall be kept & maintained, in forms to be approved by the Governor, of all cases dealt with by the Political Agent or District Coordination Officer as the case may be, the Appellate Authority and the FATA Tribunal under this Regulation.

(2)     The record of all sums received as fines under this Regulation and disbursed by the Political Agent or the District Coordinating Officer, as the case may be, shall be maintained and accounted for, which shall be audited annually.  The auditing authority, audit mechanism and such other modalities to be determined in the Rules to be framed under section 62.

(46)  58A.  Jail Inspection .-  FATA Tribunal, the Appellate Authority and the Political Agent or District Coordination Officer, as the case may be, shall visit the jails where the tribal convicts or detainees have been kept thrice a year.

59.                                                Omitted

60.       Finality of proceedings under Regulation.  –  Except as otherwise provided in this Regulation, no decision made, judgment, decree or sentence passed or order made, or act done, under Chapter III, Chapter IV, Chapter V or Chapter VI of the Code of Criminal Procedure 1898, (Act V of 1898), shall be called in question in, or set aside by, any Civil or Criminal Court.

61.       Application of provisions of the Limitation Act of 1908 –  Unless otherwise in this Regulation the provisions of the Limitation Act, 1908 (IX of 1908) for filing an appeal, revision
______________________________

44.           Substituted for Sec. 56, 57 and 58 of Regulation III of 1901.
45.           Substituted for Sec. 58 of Regulation III of 1901.
46.           Inserted by Amended Regulation of 2011.

 

 

 

and review before the Appellate Authority or the FATA Tribunal shall mutatis mutandis, apply under this Regulation.

62.  Power to make rules.  —  The Governor may make rules to carry out the purposes and objects of this Regulation.

(47)  62-A.            Power to make rules for the issue and safe custody of rifles and ammunition and for the imposition and recovery of fines.  – (1) The Federal Government may make rules for the issue and safe custody of rifles and ammunition for border village defence, and for the imposition and recovery of fines for any breach of such rules.

                   (2) Fines imposed for a breach of the rules made under this section may be recovered in the manner laid down in Section 386 of the Code of Criminal Procedure, 1898 (Act V of 1898).

(48)  63.  Indemnity.-  No suit or other legal proceeding shall lie against any person for anything done, or intended to be done in good faith, under this Regulation.

64.                                                  Omitted

PART I —— Powers and Functions with which Assistant Political Agents may be vested by Political Agent or District Coordination Officer (49)

(a)     All or any of the powers and functions of a Political Agent or District Coordination
Officer, as the case may be; and

(b)     without prejudice to the generality of the foregoing clause, with the -

  1. power to make orders of reference   to Council of Elders under section 8 (1);

 

  1. power to appoint the members of Council of Elders with the consent of parties under section 8(2), when an order of reference to a Council of Elders is made under Section 8 (1);
  1. power to nominate the members of the Council of Elders when an order of reference to a Council of Elders is made under section 11(1);

 

  1. power to consider and dispose of objections made by the accused or the complainant to the nomination of the members, and after the disposal of the objections, appoint the members of a Council of Elders under section 11(2) and

 

  1. power to take surety bond under section 40.

_________________________________________

                47.           Inserted in Amended Regulation of 2011.
48.           Inserted in Amended Regulation of 2011.
49.           Substituted by First Schedule of Regulation III of 1901.

 

 

PART II —— Powers and Functions with which Magistrates may be invested by the Governor

(a)  power to appoint the members of a Council of Elders with the consent of parties where an order of reference to a Council of Elders is made under section 8 (1); 

(b)   power to nominate the members of  the Council of Elders when an order of reference to a Council  of Elders is made under section 11 (1); and

(c)     power to consider and dispose of objections made by an accused or the complainant
to the nomination of the members, and after disposal of the objections, appoint the
members of Council of Elders under section 11(2).

 

THE SECOND SCHEDULE
[SEE ECTION 3(3), 13(c) AND 40(5)]

(50)1.     Any offence punishable under any of the following sections of the Pakistan Penal Code,
namely sections 121, 121-A, 122, 123, 124-A, 125, 126, 127, 131, 144, 148, 150, 193, 194,  
195, 196, 201, 211, 212, 216,  216-A, 295-B, 302, 304, 307, 308, 324, 325, 326, 328, 354,
363, 364, 365, 365A, 366, 367, 368, 369, 376, 377, 379,  380, 381, 382, 386, 387, 392, 393,
394, 395, 396, 397, 398, 399, 400, 402, 411, 412, 413, 414, 427,  428, 429, 435, 436, 440,
448, 449, 450, 451, 452, 453, 454, 455, 456, 457,458, 459, 460, 489-B, 489-C, 494, 495, and
496A.

  1. Any offence punishable under section 29 and 30 of this Regulation.

 

  1. Any offence punishable under any of the provision of the Custom Act, 1969 (Act No.IV of 1969)
  1. Any offence punishable under the prohibition (Enforcement of Hadd)  Order 1979 (President’s Order No. 4 of 1979)

 

  1. Any offence punishable under any of the provisions of the Employment of Children Act, 1991 (V of 1991)

 

  1. Any offence punishable under the Control of Narcotics Substances Act, 1997 (XXV of 1997)

 

  1. Abetment of any of the offences aforesaid.

 

  1. Attempt to commit any of the offences aforesaid which are not themselves

        expressed to be attempts to commit offences.
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            50.           Substituted  for Second Schedule of Regulation III of 1901.

 

 

THE THIRD SCHEDULE
[See Section 1 (3)]

 

Federally Administered Tribal Areas include; (51)

  1. Tribal Area, adjoining Peshawar District;
  2. Tribal Areas adjoining Kohat District;
  3. Tribal Areas adjoining Bannu District;
  4. Tribal Areas adjoining Dera Ismail Khan District;
  5. Tribal Areas adjoining Lakki Marwat District
  6. Tribal Areas adjoining Tank District;
  7. Bajaur Agency;
  8. Orakzai Agency;
  9. Mohmand Agency;
  10. Khyber Agency;
  11. Kurram Agency;
  12. North Waziristan Agency;
  13. South Waziristan Agency.

 

________________________
51.           Substituted for Third Schedule of Regulation III of 1901.