Draft 20-05-2018 A REGULATION to provide for an interin system of administration of justice, maintenance of peace and good governance in the Federally Administered Tribal Arcas and repeal of the Frontier Crimes Regulation, 1901 WHEREAS it is expedient to provide for an interim system of administration of justice, maintenance of peace and good governance in the Federally Administered Tribal Areas and repeal of the Frontier Crimes, Regulation, 1901 and matiers connected therewith and ancillary thereto till the merger of Federally Administered Tribal Areas with the Province of Khyber Pakhtunkhwa; NOW, THEREFORE, in pursuance of clause (5) of Article 247 of the | Constitition of the Islamic ag of E Bakisten, the President of Pakistan is emance Peat ion, 2018. me into force at once. a this Regulation, unless there is anything repugnant in ” means an Authority established under section of Criminal Procedure, 1898 (Act V of 1898); in the FATA, a council of three or more (in elders appointed by the Deputy s the case may be, and presided over by ed with powers under section 30 of the inistered Tribal Areas as defined in of Pakistan; ‘ber Pakhtunkhwa as Agent to . in terms of Article 145 of the Kistan; i designated by the § in each Tribal District and Code to try the offences rs andDraft 20-05-2018, representatives of the tribes (h) “Rewaj" means u inthe Federally Admini: naditions and customs of the tribes ip ed ‘Tribal Areas, Repeal The Frontier Crimes Regulation, 1901 is hereby repeale Tribal Districts and Sub-Divi egulation, all the Agen: n FATA shall be termed as: existing Tehsils and Frontier Region r the purposes of this vibal Districts and all the all be termed as Sub-Divisions. 5. Deputy Com: sof this Regulation, the Pol Commissioner_and Assistant Political gst ‘shall fea termed as Assistant. Commissioner, (2) The FATA Sceretariat shall designate other pos 6 Relation of Regulation (0 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 FATA in any of the provisions of this Regulation are for the time being in force is may be, apply to cases dealt with in that place under this nder it accordingly. specified in the Second Schedule shall apply to FATA, ipaeistrate and re 2 S - _ The ed in Scheclule i aid additional powers as the Code, and may pass any sentence of this Regulation. and shall exercise all or any of the lation. es ofDraft 20-05-2018 Every Assistant Commissioner shall exercise his powers in tion to the Deputy Commissioner, and in such cases or class of cases, and within such local limits as the Deputy Commissioner may, by order in writing, direct. Power of Deputy Commissioner to transfer the ease The Deputy Commissioner may, on the application of any of the parties, afler notice to the other party and hearing them, transfer any civil matter to Commissioner, within thirty days from the appointment of the Coun and shall record reasons thereof for such wansfer of the case. 9. Tender of pardon to accomplices ection 337 of the Code, for the purpose of this Regulation, shall be construed to reaTas undern- "(1)_ In the case of any offence, at any ¢ 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 Deputy Commissioner n 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: Provided that no person shall be tendered pardon who is involved in an offence relating to hurt or gat! without permission of the vietim or, as the _case may be, of the heirs of the victim. ‘The Deputy Commissioner who tenders a pardon under sub- ‘ord his reasons for doing so. person accepting a tender of pardon under this section witness in the subsequent trial, if any. 1, unless he is already on bail, shall be detained in of the trial.”. ¢ Council of Elders.— (1) Where the Deputy ny information that a civil dispute exists between breach a Beseen he mays oy the ae s, for Tidings on fats in its findings on facts within ninety days on ry inquiry and hearing the parties and of Elders is made under sub-section Council of Elders, The names of to the parties, and any objection ded. The Deputy Commissionerat 305-2018, shall dispose of the objection 5 after hearing, the parties a oo thereof, appoint the members of the Cea ESO aon meee F G)_ The order of reference made under sub-section (1) shall state the issues ee ‘on which the findings of Council of Elders is requited, Conn Tae ison of the findings of Council of Elders, the Deputy sssioner shall decide the legal issues, if any, and after recording his reason: pass a deeree in accordance with the findings of the majority of the Council of Elders and applicable lav. _ HL. Effect of decree om finding of Council. A decree passed under sub- section (4) of section 10 shall,- (a) _be a final settlement of the case so far as the deere: the matter stated in the reference; and have, to that extent and subject to the provisions of this Regulation with respect to the finding of appeal or revision as the case may be, the same effect as a deeree of a Civil Court of ultimate jurisdiction, and be enforced by the Deputy Conimissioner as a decree of such Court. 12. Restriction on jurisdiction of Civil Courts. No Civil Court shall have Jurisdiction to call in question the legality of anything, done oF purported to be done in respect of any matter, the cause of action whereof Thas arisen in the FAT 3. Criminal references to Council of Elders— (1) Whenever “an hich the Deputy Commissioner is competent to take cognizance under ‘committed, the case shall be registered and the accused shall be ‘Judge concerned within twenty four hours of the arrest of the me necessary for the journey {rom the place of arrest to the an order in writing referring the Riders for its findings on facts, who afer holding ie parties and witnesses, submit its findings to the © members of the Council of Elders within ten Saccused and shail require the Council of Elders referred to within ninety days. Council of Elders is made under sub-section we been nominated by the Judge, the names communicated to the accused and the “thereto by any of the parties, shall be Jbjections after hearing the parties and the members of the Council accordingly. Council of Elders, the Judge shall decide in accordance with the findings of the (b)Draft 20-05-2018 14. Bail (1) Where any person accused of non-bailable offence is arrested or detained or appears or is brought before the Deputy Commissioner or the Judge 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 Deputy Commissioner or the Judge 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: Provided further that a person accused of an offence as aforesaid shall not be released on bail unless the comp! he should not be so released. (2) If it appears to the Deputy Commissioner or the Judge at any stage of the investigation, inquiry or trial that there are no reasonable grounds for believing that the accused has committed a non-bailable offence, but there are suffi grounds for further inquiry into his guilt, the accused may, pending such inquiry be released on bail with or without sureties for his appearance. (3) The Deputy Commissioner or the Judge 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) The High Court, Appellate Authority, or in case of a person released on. by the Deputy Commissioner or the Judge 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. -of bail under this section shall be exercised by the ant has been given notice to show cat se why ni Jirga in exceptional eases. The Deputy of any offence or civil dispute in exceptional aumi Jirga of the Tribe in the interest of Where the Judge convicts a person pass sentence of imprisonment or fine ence shall not exceed twenty five y sentence passed under section the execution of sentences in t for life shall be punishable ich may extend to twentyraft 0-05-2018 (b) ae ae enn om default of payment of fine ‘ons of sections 63 to 70 of the Pa (Act XLV of 1860) shall, subject to afor sentences passed under this Regulation; and (c) the sentence of imprisonment and fine provided by the Pakistan Penal Code, 1860 (XLV of 1860) or any other law specified in the Second Schedule to this Regulation for the offence shall be applicable to such offence committed in FATA. 18. Record of sentences. (1) Where the Deputy Commissioner or the Judge passes any sentence of imprisonment or fine or both, he shall maintain @ complete record ‘of the case and record his reas ‘or passing the sentence. (2) The record shall be made by the Deputy Commissioner or the Judge, and the Council of ders in Urdu, Eng! ish or Pushto. 19. Attendance of parties and witnesses before Deputy Commi or Judge or Council of Elders.— Where a reference 15 made to a Coun Elders, the Deputy Commissioner or the Judge, as ‘se may be, may exercise all or any of the powers conferred by the Code of Civil Procedure, 1908, (AG SF 1908) and the Code respe e, for the purpose of compelling, ihe attendance, before himself or shall be simple and al Code, 1860 ions, apply to istan Per ely, as the case may b the Judge or the Council of Elders or Joint Council of Elders, of the parties, and witnesses, or any of them, in any case a nd at any stage ‘of the procecdings. 20. Hostile or unfriendly person ete If any person or group of persons of FATA are acting in hostile, subversive or offensive manner towards the State or rson_residins within the settled akistan, the Deputy ‘an order in writing may the arrest of such person or ns, wherever they stion in safe custody of any person So arrested; and person or group ‘of persons from access into the of Pakistan by public proclamation: ess than sixteen years of age and persons and detained under this section. oluments ete., of persons guilty of serious Where it is shown to the satisfaction of the on who is in the enjoyment of an assignment eC payable ‘out of public funds, has been with or harboured any criminal, or has mmission of any offence, or has failed, on. der proper assistance to the authorities, ssioner may in addition to any other ‘oa20-05-2018 penalty to which such person m: force, direct the forte e an MAY be liable under any law for the time being in at ssignmen oe in whole or in part and for a term or in perpetuity, of ae ent or remission of land-revenue or wance, as the case may be. . Fi Powers to direct fo adjidped:t a iture— Forfeiture under section 21 may be esac by order of the Deputy Commissioner for a term which may extend to ; ree years, and by order of the Governor or any of ‘Onger term or in perpetuity. Powers of Governo er authorized by him for any — Nothing contained in sections 21 and ‘ct the powers of the Governor with respect to the grant, continuance in whole or in part, of any assignment or remission of land-revenue or of any allowance paid out of public funds. 24. Preparation to commit cei 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 13 and if found guilty, may be punished with imprisonment which may extend to one years or with fine which may extend to fifty 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 one hundred thousand and the arms carried may be confiscated. 25. Prohibition on erection of new villages or towers on frontier— (1) No new hanilet, village-habitation, tower or walled enclosure shall, without the previous sanction in writing of the Deputy Commissioner who may either grant or refuse such s: as he thinks fit, be erected at any place on the frontiers of Islamic Republic of Pakistan. (2) e Commissioner refuses to sanction the erection of ll tion, tower or walled enclosure, as the case may be, ling for so doing. relocation of villages Where it is expedient for . by order in writing, direct the relocation of ity to the frontiers of Islamic Republic of | award to the inhabitants such compensation ioned to them by the relocation of their just and adequate. wable with imprisonment for a term liable to fine which may extend toDratt 20-05-2018 2 > atthe nets oF arrest In any place in whi all oF any of increta a ation are for the time being in foree orony. ot a) any private pers ye without an onder fon a Hel aaiministration ee beim arrant, aepest OF Cause LO be arrested, and make over OF made over to Deputy Commissioner of take or cause 10 be taken to the nearest notified post of the Jocal administration, 80y person who has been concerned in any cognizable offence or against Whom a reasonable complaint has bee made or credible information has been received, or a reasonable suspicion exists of his having been so concerned and (b) _ section 46 of the Code shall, mutatis mutandis 29. Arrest by outhorities other (han Deputy Commissioner, eles Whenever a person i arrested by the authorities other than the Deputy Commissioner or their subordinate stall ‘and is. produced before the Deputy Commissioner he shall immediately inform the Govemor ot an Officer author by him about the production of such person before him and thereafter shall proceed against him in accordance with the provisions of this Regulation and the circumstances of the case. 30. Modified applications of Chapt! — Where, within the ter! tories in which all or any of the : Regulation are for the time being in force, it is found necessary ‘or expedient to take security for keeping peace, good behavior and other ated issues, from the inhabitants of the FATA the provisions of Chapters VILL ‘and XLII of the Code, shall be read as if— (a) for the words “Court of Session” and ‘occur, the words “Appellate Authority” ‘references to any such Court shall be deeme: pply to FATA. VIM and XLII of the Code for provisions of this Sessions Judge” wherever they be substituted, and all d to refer to the Appellate Js “Magistrate” , “Magistrate of the First Class” the words oner” be substituted. peal shall lie to the Commissioner or Additional by the Governor, within thirty days trom the date ce passed, or order made by the Deputy gulation. criminal appellate jurisdiction The ¢ of its appellate jurisdiction in any criminal, et tender of pardon conferred by section ‘conferred on an Appellate Court by 43 Jof the Code, and may also enhance ¢ to the convict:Draft 20-05-2018 Provided tha eee Eerie ae ae jt this Regulation shall be deemed to authorize the Elder nee sch ae as « he findings on any question of fact of a Council of the Judge unless it is ve nave been accepted by the Deputy Commissioner or Retareene = is 0 the opinion that there has been a material irregularity or : 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. 33. Powers i 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 Regulation 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. 34, Record of reasons.— Where the Appellate Authority, in exercise of its appellate jurisdiction in any proceedings under this Regulation, varies or sets aside or confirms any decision, decree, sentence or order, it shall record its reasons for so doing. 35. 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 Deputy Commissioner or the Judge and the Deputy Commissioner or the Judg shall do all ings necessary to give effect thereto. 36. Appeal Court. An appeal against the order of the Appellate Authority may be fil High Court having jurisdiction within thirty days of such order. ' 37. Deputy Commissioner or Judge | within thirty days, considering himself ntand decree passed or order made by it, Apparent on the face of record or ons thereof. Deputy Commissioner or the n against the accused was false ant to show cause or, where there are Ing any cause which ion of the Deputy for reasons to be to pay adequateDraft 20-05-2018 compens nature 0} if cuchrage use ee or each of any of such accused keeping, in view the alicia non and cuantum of sentence of offence with which he was falsely i ly charged and in default of payment of compensation shall suffer simple imprisonment which may extend to six months. the Deputy Commissioner finds that any claim or defence of any party to be false, frivolous or vexatious, he may direct to pay the cost of litigation and also grant compensatory costs corresponding to the false claim or defence, as the case may be. 39. Protection of property rights No person shall be compulsorily deprived of his property unless he i adequate compensation with consensus rate or Government assessed value as in vogue in settled areas, 40. Power of Deputy Commissioner to order disposal of certain fines.— (1) The Deputy Commissioner , may make such order in writing for the disposal of any fine imposed under section 16 deposited ina duly designated account by the Governor to be regulated by the rules to be framed under section 45. (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. 41. Maintenance of register (1) Registers shall be kept and maintained, in forms to be approved by the Governor, of all cases dealt with by the Deputy Commissioner, the Judge and the Appellate Authority under this Regulation. (2) The record of all sums received as fines under this Regulation and disbursed by the Deputy Commissioner 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 45. 42. Jail Inspection. The Deputy Commissioner , shall visit the jails where the convicts or detainees have been kept atleast twice a year. 43. Finality of proceedings under this Regulation— Except as otherwise provided i this Regulation, no decision made, judgment, decree or sentence passed or ‘or act done, under Chapter II], Chapter 1V, Chapter V or @) In any civil matte: ns of the Limitation Act of 1908. Unless the provisions of the Limitation Act, 1908. ision and review before the Appellate r this Regulation. vernor may make rules to carry out theDraft 20-05-2018 ammunition and for the Peony he imposition and recovery of fines. (1) The Governor an poe es for the issue and safe custody of rilles and ammunition for border ane “ctence, and for the imposition and recovery of fines for any breach of such ©) 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. _. 47. Certain provision to apply. The provisions specified in the Third Schedule shall apply to FATA or any part thereof unless a notification under sub- section (2) of section 48 is issued, 48. Administered Area.- (1) The provisions of this section shall have effect nowwithstanding anything contained in this Regulation. (2) The Governor may from time to time declare, by a notification in the official Gazette, any area in FATA to be an Administered Area and list it in the Fourth Schedule. (3) Vide the notification under sub-section (2), the Governor shall also appoint a date on which the provisions of this Regulation shall cease to apply on the aforesaid Administered Area and laws specified in the Fifth Schedule shall be applicable thereon. (4) The provisions specified in the Third Schedule shall cease to apply on the Administered Area. (5) The Governor may by Order make provisions for transition of any part of FATA into an Administered Area including the provisions regarding transfer Removal of Diffieulties.- If any difficulty arises in giving effect to hedule.- The Governor may by Order amend this Regulation. ther legal proceeding shall lie against any to be done in good faith under this (1) Notwithstanding anything contained taken, proceedings initiated or vested under the Frontier Crimes nder the provisions of this oe thyDraft 20-05-2018 (2) The provisions of this Reg merger of FATA with Khyber Pakht remain in force until altered, As lation shall remain in force until complete htunkhwa and thereafter it shall continue to D repealed or amended by an Act of the Provincial embly of Khyber Pakhtuklnva, ? THE FIRS’ bs SCHEDU ee section 7(4)] ant Commissioner PART I -. nd Functions with which A‘ y be vested by Deputy Commissioner. (a) All or any of the powers and functions of a Deputy Commissione and (b) without prejudice to the generality of the foregoing clause, with the- (i) power to make orders of reference to Council of Elders under section 10 (1); (ii) power to appoint the members of Council of Elder with the consent of parties under section 10(2) when an order of reference to a Council of Elders is made under section 10(1); Iders when (iii) power to nominate the members of the Council of is made under an order of reference to a Council of Elders section 13(1); (iv) 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 Council of Elders under section 13(2) and (v) power to take surety bond under ection 30 PART I -. Powers and Functions with which Judges 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 |0(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 13(1); and Page aypralt 20-05-2018 y (©) power to consider g of the objections, a section 13(2), Point the membe: ts of Council of Elders under THE SECOND SCHEDULE [see section 6(3) and, 17(c) Any offence punishable unde: Penal Code, T any of the following sections of the Pakistan mely 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. 369,376,377,377A 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, 448,449,450,45 | 452,453,454,455,456,457.458.459, 460, 489-B, 489-C, 494, 495, 496A, 496B, 496C, 497, 498, 498A, 498B and 498C. Any offence punishable under section 24of this Regulation. ‘Any offence punishable under any of the provisions of the Custom Act, 1969 (IV of 1969). Any offence punishable under the Prohibition (Enforcement of Hadd) Order, 1979 (P.O No. 4 of 1979). Any offence punishable under the Offences Against Property (Enforcement of Hudood) Or 1979 (VI OF 1979) : ble under the Offence of Zina (Enforcement of (VII of 1979). the Offence of Qazf (Enforcement of Hadd) any of the provisions of the Employment ofpratt 70-05-2018 etoreeee ot pressed to be attempts to commit offen 25, THE THIRD. SCHEDULE [see section 47 1. Fines on pers : ; Ons or group of pe Where, from the circumstances of any i ate pelieve that any person or group of persons, hi ne (a) ons accessory to crime!) appears to be good reason to connived at, or i Parte Ces fence. oF in any way abetted, the commission of any b fai ender ¢ . (b) led to render any assistance in their power to dit : i over the offenders or to effect their arrest; c. cl i a eo Ca c ef. CO coy the eseane of crietooutedaany mlemsec ea Suspecte of haying taken part in the commission of any offence; or (d) combined to suppress material evidence of the commission of an offence; the Deputy Commissioner may with the previous sanction of the Commissioner, impose a fine on such persons or group of persons: Provided that women, children less than sixteen years of age and persons over sixty-five years of age shall not be fined under this section. Explanation.- Nothing contained hearing, shall be con: Deputy Commissioner to take any appropriate action aga rued to debar the nst the personnel entrusted with wateh and ward duties in the particular locality in accordance with Rewaj. of fines. Fines imposed under section 1 above shall, in ‘able as if they were arrears of land revenue due by upon whom the fine is imposed. ns of revenue ete Where a person of group under section | above, they shall further be fora term or in perpetuity, any remission of joint enjoyment. Such person or group of of any allowance paid out of public funds s— Where, inpratt 20-05-2018 Satisfactory account of himsel | or (c) has a blood-feud: or (d) has occasioned cause of quarrel likel -Deiy ee ly to lead to blood-shed, fe ae ee may by order in writing, require him to reside beyond 3 ae. wores 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 f Deputy Commissioner requires him to leave, an order under this section may not be made without the recommendations of Council of Elders. 5. Attachment or disposal of bui ings used by terrorist, ete— (1) Where the Deputy Commissioner is satisfied that any building is habitually used aS @ mecting place by terrorist who commit or attempt to commit, or abet the commission of any offence relating to terrorism 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. Such order shall be without prejudice to any punishment to which the offenders eames OF SEeupICr of such building may, under any law for the time being in force, be liable for violation of the prohibitory order. i. (2) No person shall be entitled to any compensation in respect of the disposal of any building under sub-section (1). FORUTH SCHEDULE