There are good numbers of case laws (Supreme Court/high Court) regarding definition of a commercial activity - relating to a question whether a commercial activity can be conducted at a residential premises - especially in a residential society.Carrying on a profession like Chartered Accountant/Advocate etc., has been well decided by the SC. However, my specific issue is : whether taking tuition classes by a Teacher working at a school is a commercial activity - Is teaching as such is recognized as "profession" likened to Chartered Accountant/Advocates!
When confronted, usually the members carrying on the tuition activity may take shelter under the Constitutional rights to carry on a profession/earning/livelihood etc. Whether this would cover Teachers who are actually earning extra money in addition to handsome salaries paid out by the Schools. In fact the teachers gain double by inducing their own students to shell out monies in the name of tuition!
Would solicit considered views with case laws from my fellow members and eminent seniors
The Department of Education under the State Govts. have appointed special teachersquades to catch red handed full time teachers working for pvt.tution classes and actions have been taken under the provisions of Standard Code/Statutes governing terms and services of teachers. This is irrespective of the fact as to if the tutions are taken at residential or commercial place. One complain will be enough, and see the result for yourself.
A news appeared recently of those clinics in housing societies which did not fullfill certain condition of seperate entry being now considered for regularisation. The residential flats are used for office by many lawyers, CAs etc. However, there are no specific guidelines available in model bye laws of CHS and much is left to the Governing Body's discretionary power, as it seems. However, there may be other opinion which can throw more light in the matter.