Imparting education is not a commercial activity; rather is a benevolent cause in which everyone is expected to contribute in any manner.

You cannot be restricted by your society from providing home tutitons.

1) your wife at liberty to conduct home tutions

2) since you are residing in flat part of house can be used for conducting tutions

3) it is not business as alleged by society members

Hello,

In the cases of Lakshman Sintre v. Balkrishna Shetye, BLR page 937 and

B. R. Oswas v. Laxmibai, BLR page 214

it was decided that when residential premises are used for dwelling as well as for business, office purposes so however that the dominant user still remains residential, it would not be in breach of the bye-laws and regulations of the society as there is no change of user involved.

The SC recently has passed an order to move the coaching institutions from the residential areas, the said order does not extent to the tuition classes being taken by your wife in the residential flat. The number of students are not very high to cause nuisance and security threat.

Regards

Where it has been defined illegal?

After getting the answer, you can challenge.

Dear Client,

Flat Owner should seek prior permission to use the flat for tuition classes and it will be extremely difficult fro the management to refuse except on the ground that the proposed classes would pose serious threat to security and peace, excessive engagement of the lift which may cause a grave inconvenience to the residents which is not in your case, as kids can`t threat in any way.

Also, home tuition is not a commercial activity.

1) Its not permitted to take tutions at home, while students while coming and going from society passage and staircase other society members may get distributed. So before starting tutions please take permission from society authorised body, Secretary or Chairman. And nominal fees to run household business and give them assurances students will not make any noise in the society whenever coming and going.

Hi

Firstly, peruse your society's bye laws.

If by chance it is not restrained, you can proceed.

However, it is not an illegal activity.

You take the consent of other members by explaining your financial position etc.

Try to honor the Bye Laws of your society.

All said and done, take the consent of your immediate neighbours and other floor members for doing the activity.

Good Luck

The society is governed by its own laws that is known as by law and every resident in society should follow its bye laws if the society is objecting and the tuition classes adjust activity is a business activity carried on the payment basis you need to stop this otherwise society may charge you for the extra overhead amount of maintenance as the services of the society is being used for your students. But in case any other resident of the society doing the same service you need to complain about that and you should be treated similar to other residents.

If you find any problem and society is not doing justice to you, may complain Registrar of societies

Hi,

You say that this is not a commercial activity or business, rather you are helping society.

Hi

As per various judgments of karnataka , Delhi and Mumbai high court(s), conducting Home tuition is neither illegal nor a business as long as the following conditions are fulfilled

a) That there is no advertisement soliciting students for home tuitions

and

b) There are not more than 2 teachers teaching students at home

and

c) Total number of students present in the premises during tuition hours does not exceed 15.

and

d) The tuition timings are not more than 28 hours a week.

and

e) The teachers offering home tuition are not government school teachers or teachers from government aided schools.

Supreme court had categorically stated in the case of Pant Nagar Anandlok CHS Ltd., at Ghatkopar, Mumbai, (Appeal No. 550 of 1985 decided on [deleted] decided by the MSC Appellate Court) it was decided that carrying out activities like conducting yoga classes in a residential flat does not constitute breach of bye-laws of a Co-op Housing Society.

Supreme court had also categorically stated that professionals like Doctors, Lawyers, Chartered Accountants are permitted to carry out their profession from residential apartment and that their activity is not to be construed as Business when operated from a residential apartment.

Hope this information is useful.

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.

The professional activity of teaching certain arts would not in itself become commercial even though some charges are levied in giving some performance.”

A profession is a vocation or occupation requiring special usually advanced education and skill. The work and skill involved in a profession is predominantly mental or intellectual rather than physical or manual.”

You may obtain permission from RWA and NOC from neighbors and conduct the tuitions, if there is any court case on this, you may challenge the same.

While you are earning Mony by way of tutions it will becomes a commercial activity.

1. Conducting non-commercial tutions, in ones own Flat, is classified as "Earning for Self-Sustainance" and is completely legal, provided no commercial advertisments /boards are put up.

Keep Smiling .... Hemant Agarwal