Police verification is necessary. If the building is commercial then there is no problem. Otherwise lawyers and doctors can operate their chambers from home but IT services cannot be run from there.
Office in residential area
I have an independent building in a residential area in Dwarka Sector 8 . 1st Floor of the Building - is Used for Office - with approx 6-7 team members for IT Support functions. One Police Person from Delhi Police Just Walked into my office and Started Going Around and asking for this licence, that licence and that show police verification etc Interestingly - Our Lane is Full of Commerical Establishments and has Hotels, Gym, School, Property Dealer Offices etc BUT the Vist was Made to Only to My Premises ONLY. I am seeking Assistance /Help /Answers to the following. 1:- Can they Just Walk into any Private Place and Start Asking Records 2:- Is it Mandatory for Getting Police Verification for All Employees? ( Even of those who are above domestic help ) 3:- What Percentage of the Residential Building can be used for Professional Office ( IT-enabled Servies ) on Similar Lines as an Architect or Charted Accountants or Lawyers 4:- Can We Stop Random Policemen them from Entering Our Building Without Any Notice or information? Thanks
Asked 4 years ago in Property Law
Religion: Hindu
7 Answers
The legality of user of premises is governed by the local laws applicable in various states in respect of Shops and Establishments; for example in Mumbai, the same is governed by the Bombay Shops and Establishments Act, 1948.
2) police can walk into office and seek information
3) not mandatory for getting police verification of all employees
1. You can note his name and seek information from his higher authority for his visit.
2. No.
3. There is no restriction as long as you obtain trade license and other necessary permission.
4. Yes unless he has warrant for this.
1. The police may have to possess any order from the high police officer or a magistrate to search a private place and cannot suddenly barge into any private place without any reason in the name of investigation.
2.
the Commissioner of Police of Pune City issued a notification under section 144 of the Code of Criminal Procedure, 1973 prohibiting all private employers from employing candidates without obtaining their antecedents (including his/her full name, residential address, hometown address and relevant documents pertaining to such information) prior to their recruitment. Further, once such details of the employees have been obtained, the employer is required to submit to the local police station having jurisdiction over the employer’s establishment for verification of the same. It is important to note that private employers are forbidden from approaching private entities for the verification of antecedents of the employees proposed to be recruited and it is compulsory that such verifications be obtained only through the jurisdictional police station.
Pending such verification of antecedents by the police station with jurisdiction over the employer’s establishment, private employers may employ these candidates. However, in such case, it is advisable to ensure that the employment of the candidate is subject to the verification and the confirmation of the antecedents. It would be advisable, as a matter of caution, to ensure that the employment contract expressly provides that the employment of the candidate is subject to clearance from the jurisdictional police.
3. Just because you're in a residential area, your business isn't automatically violating the zoning laws. You may need to apply for a specific license or pay a fee for a variance. The zoning board may notify your neighbors and hold a hearing to see if your business should be allowed to operate in a residential area
4. You first ascertain the reasons for such sudden action by police and after that you may prefer a complaint against the erring police if they have indulged in any such illegal act without proper authority for doing so.
You can approach the higher police officer or can approach a lawyer to issue a legal notice to the concerned police for invasion of privacy or for illegally raiding the private place without any base.
1. So far as we lawyers are concerned, we can use the entire flat in a residential apartment for professional purposes. This is the law. So far as doctors are concerned they can use only a part of the premises.
2. Coming to your question, you can jolly well ask the cops what they have come to inquire about and whether any complaint has been filed against you to invite police action at your doorstep, and if they refuse to answer you then you can physically resist their entrance.
3. Complain against cops to DCP of district.
4. If there is a circular issued by police which mandates police verification of anyone proposed to be inducted as an employee, then it has to be complied.
1. Police CANNOT enter or search any PRIVATE premises, without an Court order and neither they are entitled to demand any licenses /permits /whatsoever.... However, IF police suspects or have information that premises is used for Drugs /Weapons /Gambling /Prostitutions /other criminal activities, THEN they can raid the premises without an warrant.
2. A Stand-alone Residential building, can be used as a personal office with local residents as office staff, without any exceptions. However for staff who do not reside in the district /taluka, Police Verification would be required in Metro cities.
Keep Smiling .... Hemant Agarwal
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They can ask but need summons for the same. They cant literally rush and ask. But for investigation pupose they can seek documents from you.
Yes police verification is mandatory for safety purpose.
You cant stop them legally
