Running clinic from home is it legal

798 votes

For running a clinic you need to seek permission from the Corporation as well as the society. Since you are using the premises for commercial purpose instead of residential, it is all the more reason to do so. Feel free to contact me for seeking any legal advice as regards the same.

Advocate Prerna Shukla LawRato

851 votes

You can first check your society’s bylaws to confirm if medical practice from residence is restricted. If not, you can issue a legal notice citing your fundamental right to profession (Article 19(1)(g) of the Constitution of India). Additionally, you may approach the Registrar of Cooperative Societies or file a suit for obstruction.

Advocate Ranabir Datta LawRato

878 votes

Dear client based on the question, if you have taken permission from the society chairman and local authority to use the clinic space for commercial purposes then you have the legal right to continue the practice and run your clinic but if some legal protocols are not being followed then this matter needs a detailed discussion, my team will get in touch with you for discussion on the matter.

Advocate Kalpana Sanap LawRato

679 votes

Many doctors face resistance from their housing societies when running clinics from their residences. However, under the Maharashtra Cooperative Societies Act and UDCPR Rules, qualified professionals have the legal right to operate small clinics from their homes. Societies cannot restrict patients from visiting if it is done within legal guidelines. If you're facing objections from your society, I can help you understand your legal rights and the best course of action. Contact me for expert legal guidance on cooperative housing society disputes. just a glimpse: Right to Practice Profession: As per Article 19(1)(g) of the Constitution of India, you have the fundamental right to practice your profession, including running a clinic from your residence. According to Bye-law No. 50(a) of the Maharashtra Cooperative Housing Society (MCS) Model Bye-laws, a member can use their flat for professional purposes (including a clinic), provided it does not cause nuisance or inconvenience to other members. Section 151 of the Maharashtra Cooperative Societies Act, 1960 allows societies to take action only if there is an illegal or unauthorized activity. UDCPR Provisions (Unified Development Control and Promotion Regulations, Maharashtra, 2020): Regulation 14.4 allows a doctor to run a dispensary or clinic from residential premises, provided it is within the permitted size and does not alter the building’s character. Regulation 14.6 states that such use is permissible in cooperative societies without requiring special permission. Action Against Society’s Obstruction: Issue a legal notice to the Chairman and Treasurer, citing your legal right to run the clinic. Complain to the Deputy Registrar of Cooperative Societies: File a complaint under Section 78 of the Maharashtra Cooperative Societies Act, 1960 for obstructing your lawful business. Approach the Consumer Forum: Since you are a member of the society, you can file a complaint in the Consumer Disputes Redressal Commission for deficiency in service. File a Police Complaint: If the obstruction continues, file a police complaint under Section 341 of the IPC (Wrongful Restraint) for preventing patients from accessing your clinic. kindly note: Need to connect for detailed remedies

Advocate Praveen Anand LawRato

563 votes

1. Check Society Bylaws: Most cooperative housing societies (CHS) allow professionals like doctors, lawyers, and CAs to run small offices or clinics from home. Verify if your society's bylaws prohibit medical practice from residential premises. 2. Municipal Regulations: Many cities allow doctors to operate small clinics from residences under local municipal laws (e.g., BMC, DDA, or local municipal corporation rules). If the municipal body permits it, the society cannot legally stop you. 3. Legal Notices & Complaint: Send a legal notice to the chairman and treasurer stating that their obstruction is illegal. File a complaint with the registrar of cooperative societies if they continue harassing you. If patients are physically prevented from entering, consider filing a police complaint for harassment and obstruction of professional duties.

Advocate Vikrant C Deshpande LawRato