Can a doctor practise work from residence

R u owner of flat ?

or leaving on rent basis?

In residential area no commercial activity is allowed. If society is formed society had right about the conduct of business in its premises.

Yes I am the owner of the flat ...before buying it was clear with the society that I will conduct my professional work and no commercial activity for which society charged me additional fees in maintainance bill as special user charges ...after two years of my work new committee passed this decision ...according to my best understanding a doctor can use part of the residence for their work .Can a society keep changing their decision from change of user previously to this now and my work is a professional activity not commercial .

Sir, Member of a society can carry on his professional activities if it doesn't involve sales or purchase of commodities. Professionals like legitimate C.As, Doctors, Advocates etc can carry on professional activities from their residence. Good luck, Kishor Mehta

Please state in which city and in which State are you. Also state what kind of society is yours. Is it a co-operatve society or any other type of society. Laws change depending on all these.

This is Mumbai  and a co operative society but mahada ...do guide in case any different law applies 

There can be two ways you can be using your flat for occupational therapy. One is purely as a clinic or otherwise as a residence-cum-clinic. If the flat was intended as a residence originally using it partly or wholly as a clinic is called 'change of user'. Model byelaws in Maharashtra require to apply for and get a no objection certificatefrom the Society for 'change of user'. After obtaining NOC from the Society one should apply at the local ward of BMC for permission. Generally municipality will first inspect the premises and see whether it meets with the requirements of fire protection regulations etc. You may be required to register under the Shops and Establishments Act. 1948 also. As yours will be an activity that will give you income BMC will increase the property tax also and bill the Society accordingly. Generally before giving you NOC the Society 'may' take the approval of the General Body also. In giving you permission it is important to consider the views of your neighbours and other members also. You may be receiving many customers, which may disturb the peace of your neighbours and other society members.

If the Society had already given you NOC and you had complied with all the above procedures, if the Society now wants to withdraw permission, they have to give you notice and reasons for now withdrawing permission. If they do not give these or they have given you but you do not feel the reasons satisfactory the recourse available to you is the co-operative court.

There are some High Court decisions saying that a doctor's clinic is not a commercial activity. But that will apply only for municipal requirements.

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What business, you are doing, is not relevant to your original question. Did you get written permission or no objection certificate from the society for change of user? Did you get permission/licence from the municipality for your business? If your answer to the above 2 questions is 'No' then you cannot carry on the business. If your answer is yes: has the society asked you in writing to discontinue the business? What reason have they given to ask you to discontinue the business? The remedy available to you is to go to co-operative court or to civil court. As the balance of convenience is in your favour you can continue the business when the matter is before the court. But if the society goes to court and gets an eviction order without your knowledge, you will have problem. If you want to avoid that you will have get a coveat from a court. Better consult a good lawyer.

I want to start skin clinic in condominium at baher road. Can I start. Condominium body not allow mi to do it. Any Remedy .