Section 41, 42 and 43 of Unlawful Activities (Prevention) Act 1967

Section 41 Continuance of association

An association shall not be deemed to have ceased to exist by reason only of any formal act of its dissolution or change of name but shall be deemed to continue so long as any actual combination for the purposes of such association continues between any members thereof.

Section 42 Power to delegate

The Central Government may, by notification in the Official Gazette, direct that all or any of the powers which may be exercised by it under section 7, or section 8, or both, shall, in such circumstances and under such conditions, if any, as may be specified in the notification, be exercised also by any State Government and the State Government may, with the previous approval of the Central Government, by order in writing, direct that any power which has been directed to be exercised by it shall, in such circumstances and under such conditions, if any, as may be specified in the direction, be exercised by any person subordinate to the State Government as may be specified therein.

Section 43 Officers competent to investigate offence under Chapters IV and VI.

Notwithstanding anything contained in the Code, no police officer,--

(a) in the case of the Delhi Special Police Establishment, constituted under sub-section (1) of section 2 of the Delhi Special Police Establishment Act, 1946 (25 of 1946), below the rank of a Deputy Superintendent of Police or a police officer of equivalent rank;

(b) in the metropolitan areas of Mumbai, Kolkata, Chennai and Ahmedabad and any other metropolitan area notified as such under sub-section (1) of section 8 of the Code, below the rank of an Assistant Commissioner of Police;

1[(ba) in the case of National Investigation Agency, below the rank of Inspector];

(c) in any case not relatable to clause (a) 1[or clause (ba)], below the rank of a Deputy Superintendent of Police or a police officer of an equivalent rank,

Shall investigate any offence punishable under Chapter IV or VI.

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1. Ins. by Act 28 of 2019, s. 8 (w.e.f. 14-8-2019).