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V. VASUDEVAN (LEGAL COUNSEL)     29 July 2010

tuition at residential society

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



Learning

 13 Replies

Mugundhan (Lawyer)     29 July 2010

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

Kanaksinh P.Boda (Educationist/Lawyer)     29 July 2010

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.

Anil Agrawal (Retired)     05 August 2010

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.

Kanaksinh P.Boda (Educationist/Lawyer)     06 August 2010

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.

DEFENSE ADVOCATE.-firmaction@g (POWER OF DEFENSE IS IMMENSE )     06 August 2010

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.

1 Like

Anand Shrinivas Raman (Director)     26 August 2010

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

DEFENSE ADVOCATE.-firmaction@g (POWER OF DEFENSE IS IMMENSE )     26 August 2010

Just read above opinions.

Simran (none)     28 August 2010

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

Anil Agrawal (Retired)     28 August 2010

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.

1 Like

Simran (none)     30 August 2010

hmmmm, so it can only be registered at an office address? Even if it does not have employees? And the owner is the only whole and sole of the company?

Ritesh Shah (s)     11 October 2010

Can I have some details w.r.t. judgment whereunder coaching classes are restricted to use the flat for coaching class ?Originally posted by :shashikumar
"
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.
"

Ritesh Shah (s)     11 October 2010

Can I have some details w.r.t. judgments which restrict use of residential premies for use of coaching classes in CHS ?

Originally posted by :shashikumar

"
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.
"

Awni Ranjan (Online Corporate Trainer )     11 April 2017

It is somewhat dissappointing that after so many posts the following questions of utmost ineterst to members are not answered / opinion not provided, beating around the bush is no solition, let's have clear answer / opinion with citation if any on the following points :

  1. Serving Techers

           Category  A Govt Teachers : Allowed / Not Allowed , any Govt / Legal barring ?

                                                    : Does the concerned Residential Society has legal power to restrict or not 

          Category B Private School Teachers : Govt has no role , prohibitory condition may or may not be imposed                                                                   by the concerned private school  

                                                    : Does the concerned Residential Society has legal power to restrict or not

     2. Non serving teachers like retired teachers / professionals ( CA, ICWA etc excluded ) : No bar 

                                                       : Does the concerned residential Society has legal power to restrct or not  

 

IMPORTANT : If a residential society bye laws prohibit private tutuion ( not to be confused by coaching ) is is legal or challengeable in a court 

Thanks Guys / Best Wishes 


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