tuition at residential society

LEGAL COUNSEL

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

vasudevan

 
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Lawyer

Now Sec.28 of The Right of children to free and compulsory education Act 2009 prohibits private tution by teachers. Dear Friends, More discuusion needed on the provision

 
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Educationist/Lawyer

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.

 
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Retired

The moot question is not to catch teachers. Whether tuition'coaching classes can be run in a residential flat. That is the question. Who runs is immaterial.

 
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Educationist/Lawyer

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.

 
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POWER OF DEFENSE IS IMMENSE

Yes classes by teaches can not be allowed even if society do not abject, you can file private criminal case. This is purely illegal and even if society gives permission it can not be allowed.

For example if society gives permission for gambling OR for drug peddling can it allowed  NO NOT AT ALL.


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Mr. Sashikumar, It would be more becoming of you as a lawyer to reveal under what law Tuitions are illegal and whether the connotation is implied or explicit. Greatly appreciate it. regards
 
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POWER OF DEFENSE IS IMMENSE

Just read above opinions.

 
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Can a private limited company be formed at the residential address where one is residing?

 
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Retired

Company is allowed to buy flats in  CHS in its own name for the residence of its employees, but, not allowed to carry on commercial activity.


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