(1) In respect of any allegations of the nature specified
in clause (d) of sub-section (1) of section 39 against any member
or the Chairperson or Vice-Chairperson of a Municipality, the
inquiry referred to in the proviso to the said sub-section, and in
sub-sections (3) and (4) of that section may be initiated against
such member, Chairperson or Vice-Chairperson even after the
expiry of the term of office of that Municipality or after he has
ceased to be such member or Chairperson or Vice-Chairperson or,
if already initiated before such expiry may be continued thereafter
and in each such case except in the cases covered under subsection (3), the State Government shall, by order in writing, only
record its findings in conformity with those of the Judicial Officer
recorded under sub-section (4) of section 39.
(2) The provisions of sub-section (6) of section 39 shall
apply to the findings of the State Government so recorded.
(3) In case of a member, Chairperson or Vice-Chairperson,
who is re-elected for the new term of the Municipality and against
whom any inquiry referred to in sub-section (1) is initiated or, if it
has already been initiated, is continued, in respect of his previous
term in the Municipality, the provisions of section 39 shall mutatis
mutandis apply.
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