My mother has been taking personal tuitions for English since in our society since last 10-15 years in our house. I and my brother have recently joined her, teaching other subjects (at home as well; we have a 3 floor house). Between all 3 of us, we have a little more than 50 students. We don't have any commercial registration. We have never advertised in any form, nor do we have any board outside our home. We have quite small batches, with number of students not exceeding more than 7-8 in a batch. Recently, we faced complaints from a few society members (we stay in a Co-operative Housing Society) saying that they are facing issues in parking space. We did take appropriate measures to ensure that the parking problem is resolved. However, we do believe that they would raise questions regarding what we are doing is Commercial and illegal. What can we do about this? Is our activity Commercial? What we do is strictly personal. We do not even have benches/desks. We teach on our dining tables. We have also been filing proper IT returns.
If you are filing ITR individual than it's okay to take 7-8 students batches at a time.
You can run tuition in your flat as per SC judgment and cooperative law.
No issues at all only kindly take parking precautions and while students coming and going from society's premises don't make any noise pollution.
It is not illegal. It is not commercial activity either.
Complain to registrar of society for issuing necessary directions to this effect.
Or approach civil court seeking injunction to restrain society from raising any objections to conducting private tuition in society.
The residents can raise objections if the student strength is 50. What you can do is talk to the cooperative society and contribute some money for the parking upkeep or maintenance. This would pacify them in the long run because tuition is no problem but what you have are many students. They may be feeling jealous.
Regards
Giving tuition to so many students is a commercial activity.
Taking hone tution in such small batches is not considered as the commercial activity you can take same at your home premises.
Though you can pay some amount as maintenance more in society to manage parking and other things.
Further can ask your students to park outside society and make proper entery in society so no security concern is raised.
Imparting home tuitions is not a commercial activity.
Make sure that, you take care as far as parking, ingress and egress of the students.
Take care not to disturb the neighbours, control noise / pranks played by the children.
It is not a commercial activity if you have students @ 7 - 8 per batch.
Take into confidence your immediate neighbours.
You are at liberty to conduct private tutions in your flat
2) since you are staying in said flat you can use part of flat for tutions
3) it does not amount t to use of flat for commercial purposes
You should register your coaching centre with District education office .
Thereafter you will not have any problem to teach students.
Dear,
This does not come in commercial and illegal activity.
Talk to your society head regarding this issue.
Take some extra space for parking and suggest students not conduct any nuisance in society area.
30% portion of house can be used for tuition classes. Only make sure, movement of students shall not be in bulk, that may apparent that classes are running on large scale.
No problem, home tuition is not commercial activity. Activities such as yoga class, tuition class or service of Chartered Accountant, Doctor, lawyers are confused as commercial activities. Commercial activity involves activity relating to purchase and sale of goods
Imparting education is not a commercial activity.
You have been espousing the cause of education and spreading literacy, something which has been a problem for our country for a very long time.
I do not perceive any difficulty in what you are doing. Still, at any time you meet any resistance from the Society or its members, yo may approach the High Court against the Society.
No it's not illegal you can do that same without any permission of society
- Conducting Tutition classes from the residential house is not prohibited as per law
- But , other side , Supreme Court ordered that No tuition class can run in residential flat..
- Since, you and your mother is taking tutition classess not commercially after publishing advertiesment etc, hence it will not come under the heading of commercial .
- Try to take the neighbours and other members of the housing society into confidence after showing yours financial hardship.
- You people are not doing anything against law, as you are running personal tutition classes and not like coaching centre.
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
b) There are not more than 2 teachers teaching students at home
c) Total number of students present in the premises during tuition hours does not exceed 15.
d) The tuition timings are not more than 28 hours a week.
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.
No tuitions in cooperative societies are not illegal nor they are considered as commercial activities.
Legally they cannot take any action against your tuition centre even if you put board outside your home.
Conducting tuition in the residential apartments is not permitted.
As per Co-operative Housing Society Bye-Law no commercial activity run in the residential flat.
You may obtain permission from RWA and NOC from neighbors and conduct the tuition.
If the RWA is not permitting then you cannot continue this commercial activity.
