• Disclosure of visitors and prior permission

During covid there was a strict rules for movement for visitors and 7 days quarantine, but now society is using this as tool to ask to take permission for every visitor coming to house, also the MOF has removed caluse for home quarantine compulsory for 14 days as society is asking for the same. Is it legally correct to go against the govt guidelines of India by any society
Asked 5 years ago in Property Law
Religion: Hindu

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17 Answers

No ,it is illegal to go against the guidelines issued by the Government of India.

Please approach Police and file complaint against Society and office bearers for breach of guidelines of Central and State Government regulations under Disaster Management Act and rules framed from time to time.

Please approach Collector and Municipal Corporation as well.

Ramesh Pandey
Advocate, Mumbai
2541 Answers
8 Consultations

Society cannot go against govt guidelines 

 

2) you don’t need society permission for visitors coming to your residence 

 

3) what is necessary is that they should wear face mask , use hand sanitiser kept at society enterance  before entering society premises 

 

4) no need for 14 days home quarantine 

Ajay Sethi
Advocate, Mumbai
99894 Answers
8153 Consultations

1. Legally speaking, a Society (CHS) has no legal right to restrain or restrict or frame its own rules for visitors /guests /relatives /friends visiting the Flat Owners house.  Society will be doing a criminally prosecutable offence, if such illegal practices continue.

2. However, in the overall safety & health interest of all other residents .AND. looking at the current Covid-19 Pandemic times, it is best to avoid any of visitors, since this would prove highly risk for everybody.

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

The law in this regard is simple and clear. A society cannot make any by-laws or issue directions which are inconsistent with the law of the land and so until the government issues any such clear directions regarding ingress and egress in Societies or of compulsory quarantine, the office bearers cannot on thier own place such restrictions. Any unwarranted restriction is not only violative of your general right to independently enjoy your property as you please but is also violative of your fundamental right. 

In case of any such illegal act by the society you may write to the concerned authority for example if society is registered under cooperative housing societies act then to the concerned director and in any other case to the concerned authority. You may also seek remedy in the respective forum which governs your society. For example if society is registered under societies registration act then remedy may be sought by approaching the Registrar of Societies and Firms of the concerned area. If it is a bye law then it may be declared illegal and struck down by the court.

You may also approach the civil court seeking injunction as well as compensation for violation of your rights.

The society is meant to govern the day to day working and things like maintainance to facilitate the enjoyment of the premises by its users and it cannot in any manner transgress it's boundaries and assume the role of police or come up with its own arbitrary rules.

Varun Bhandari
Advocate, Kanpur
86 Answers

The apartment owners association would have implemented such clauses earlier based on the crisis situation then. 

However you can gather other members and make a representation to the association to revoke the clauses as government itself has relaxed the conditions. 

You can call for a special meeting keeping this as agenda and discuss the subject matter to pass a resolution by majority vote to remove this hurdle. 

T Kalaiselvan
Advocate, Vellore
90095 Answers
2503 Consultations

Please be aware that resident welfare association is empowered to make rules which is not ultra vires any of the law to manage the society because of the covid-19 all societies have made this kind of regulations to monitor the visitors so that they can be tracked in case of any necessity to find them out which is in accordance with the guidelines issued by the government so there is nothing wrong in that and residents should cooperate in this regard  to rwa.

Vimlesh Prasad Mishra
Advocate, Lucknow
6851 Answers
23 Consultations

1.  Who do they want permission to be obtained from?

2. If there is no lockdown in your part of the country then this act by society is totally illegal and violative of right to life under Article 21 of Constitution of India. You can file a writ petition against the RWA in the High Court.

Ashish Davessar
Advocate, Jaipur
30840 Answers
981 Consultations

In the Society movement are free as of now, but the quarantine period has been not reduce to 7 days . its still 14  days or guideline given by Doctors or Hospital or Municipal corporation if a person has any symptoms of Corona.

Ganesh Kadam
Advocate, Pune
13008 Answers
267 Consultations

Serve them with a legal notice and than file a complaint against the society in the registrar cooperative Societies office 

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

Society cannot impose restrictions contrary to govt. rules and directions. Against any forceful execution of those rules, can complain to police.

Yogendra Singh Rajawat
Advocate, Jaipur
23085 Answers
31 Consultations

Dear Sir,

Anything against the Govt guidelines is illegal and you may submit complaint to the concerned authority in this regard.  

Ganesh Singh
Advocate, New Delhi
7169 Answers
16 Consultations

Society is misusing it's duties and making their own rules. Any contravention to the rules made by Co-operative dept can be filed in form of complaint to dy registrar or police as the case may be

Prashant Nayak
Advocate, Mumbai
34602 Answers
249 Consultations

it is illegal you can file complaint before Registrar of society. 

Mohammed Mujeeb
Advocate, Hyderabad
19350 Answers
32 Consultations

No on can go against MOF's directions, your Society is no different.

Visitors does not need permission to visit your house, however, if they are travelling from different state they may have to be quarantined.

If the basic instructions viz., wearing face mask, use of sanitizer is followed that is enough.

No need for 14 days quarantine.

S Srinivasa Prasad
Advocate, Hyderabad
2876 Answers
9 Consultations

No it is legally not correct to go against guidelines if govt regarding COVID issue.

But society can make their own rules to ensure safety of its residents but those rules should also not be like harassment to residents. 

Mohit Kapoor
Advocate, Rohtak
10686 Answers
7 Consultations

 - As per law, A society has no legal authority, to issue moral, ethical and social diktats to its residents.

- No, male/female servants/domestic help/guest can be stopped from entering into the society, if the society is doing this, then the person harassed, they can claim compensation as well.

- Society by law and resolutions must be limited to the mandate of governing the society’s affairs and nothing more.

- On 5th May,2020, the Ministry  of Home Affairs passed its detailed guidelines and thereby allowed several persons to begin their work like domestic help, including maids and drivers, can return to work, and hence the society not empowered and their orders not enforceable.

- Except , barring containment zones where any public movement except for emergencies is strictly prohibited,  services of self-employed people providing services such as domestic help, car cleaning, sanitation, electrical work, plumbing, carpentry , visitors etc. are permitted.

- Further, even during the lockdown period the cities such as Delhi, Mumbai, Kolkata, Karnataka, Hyderabad and the like, which were all in Red Zones, domestic help and car cleaners were allowed.

- Further, the resident/member who is aggrieved by the arbitrary and unreasonable actions of a Society can file a Suit under Section 6 of the Societies Registration Act, 1960.

- Hence, the unjustified actions of society to restrict entry of the visitor and sent them for quarantine is against the jurisdiction of the society.

- The visitor or the members can file a complaint against the society before the police as well. 

Mohammed Shahzad
Advocate, Delhi
15836 Answers
242 Consultations

No what they are doing is illegal. Give them a notice and ask them to lay down conditions for visitors.

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

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