Do you want your home tuition business to run without worrying about any legal issues or objections?
Then, you need to know home tuition rules and regulations in India.
I had personally researched referred many legal rules in the education sector when we started our home tuition, and I have always kept myself updated with the latest authentic information on rules and regulations for home tuition in India.
In this article, I will explain some general guidelines for home tuition rules and regulations by the government so that you can start your home tuition without any legal obligations.
Let us get started.
Important Note: This article is applicable to any person who is not in a position of a teacher in a government sector. Home tuition rules and regulations guidelines mentioned in this article are taken from various sources that are publicly available on the internet and they must not be considered as legal opinion in any way. You must use your discretion before taking any decision. Always take professional legal advice to get the latest and legit information. The author takes no responsibility for anything if you follow the guideline or not.
Home Tuition Rules And Regulations In India
The majority of people at their home tuition beginning, always try to get the answers to the questions like,
- Is Home Tuition allowed in India?
- Is taking tuition at home a commercial activity?
- Do I need to take government approval to start my home tuition business?
- Can tuition classes are allowed in building premises?
- What are the rules for home tuition?
And might be much more similar to these.
Am I right?
Don’t worry. Today, I will answer all the questions that you have.
The first thing you need to understand is the definition of home tuition.
Home tuition is popularly defined as earning money for self-sustenance by assisting students or learners by offering teaching or expertise from either the tutor’s home or the student’s home.
Any person offering this service is called a tutor, and as this activity occurs from home only, he or she is called a home tutor.
Now the next question that may come into your mind is,
Is home tuition illegal?
Certainly NOT.
Home tuition is not illegal in India, but it has some general guidelines that you have to follow.
Wherever you live in India, you can see that many people take tuition from their homes in your nearby locations.
As per research, home tuition is the most preferred and easiest way of making money by working from home in India, especially for college girls and housewives.
And, offering education cannot be illegal.
You might also have confusion about, Do you need a license to start home tuition in India?
Let me tell you that you don’t need any license or legal registration as a business firm until you follow some rules.
You can not keep benches or lots of study chairs to teach students from your home but, you can definitely buy a good quality medium sized white board to teach students.
To better understand this, let me give you some real-life case examples and court responses regarding the legality of home tuition in residential apartments or society.
In the cases of Lakshman Sintre v. Balkrishna Shetye, BLR page 937, and B. R. Oswas v. Laxmibai, BLR page 214, Supreme Court judgment on tuition classes in Housing Society is as follows. (Source)
Let me elaborate further.
As the tutor (YOU – the residential property owner) uses his or her residential premise for business that doesn’t involve other tutors, it is not illegal.
In the case of tuition classes or coaching classes, it is illegal and must not operate in residential premises.
But home tuition is an exception, and you can run your home tuition legally.
Let us see another example.
Let me explain to you in detail.
Point A: You can’t advertise your tuition classes using your building or apartment.
Existing practice: You can see almost everywhere that people do not follow the guidelines in letter and spirit.
Solution: Before you start your home tuition, it is always better to seek permission from respective authorities. In your case, the authority can be your society chairman or secretary.
Inform them and explain the activities you will be carrying out related to home tuition. I recommend you go for written permission to keep that as proof if any dispute occurs later.
Point B: Maximum of two tutors or teachers can take part in home tuition.
Existing practice: Usually, very few tutors are in partnership for home tuition.
Solution: In most cases, people run home tuition individually and have a partner in very few cases.
So, if you and your friend are taking home tuition from a single home, it is still not illegal. But you cannot hire teachers to give tuition from your home.
The partner can be a wife, husband, brother, sister, relative, or friend. Your office colleague can be your teaching partner if you do home tuition part-time.
Point C: You cannot teach more than 15 students during tuition hours.
Existing practice: Usually, people do not follow this rule.
Solution: You don’t want to lose your students, and for that, you should divide the students into small batches so that at any time, you won’t have more than 15 students.
And, practically being a single tutor, teaching 15 students at a time is very difficult. The best solution is to call students in smaller groups or batches.
Point D: Your weekly tuition hours must not exceed 28 hours.
Existing practice: Not followed.
Solution: Except the person is a full-time tutor and has sufficient time, most tutors can’t exceed 28 hours, including Sundays.
Point E: You should not be a government (state or central) employee as a teacher.
Existing practice: Followed where government monitoring is up to the mark.
Solution: This is against the rules and regulations. You should use your discretion before starting home tuition. There will always be a risk that people will report you.
Is it legal to take tuition at home? This question does not reflect whether you are a government teacher or not. As per the home tuition guidelines we have discussed here, it is not illegal when you are a non-government teacher.
So logically, things that are not illegal can be considered legal.
However, as per my experience, you have to follow some general guidelines if you are about to start tuition from your home.
Important Article To Read: How to design an attractive home tuition poster for tuition classes for FREE under 30 minutes!
Common Rules For Home Tuition + Tips
Tip 1: As we have discussed, always take permission from your local authority
Tip 2: Set clear rules of discipline for students when coming to your home and going from your home. This practice will save you from objections from your neighbours and people living in your building or apartment.
Tip 3: Never let the students create chaos by gathering at your doorstep. If you don’t control this, people will get disturbed and complain to authority, and you will lose your home tuition business.
Tip 4: Avoid using any common property of the apartment or the building for your tuition purpose. For example, if your apartment has benches for visitors or senior citizens, your students must not occupy them.
If they are coming into the batches, instruct them to wait outside the building/ apartment gate until the previous batch of students is released.
Tip 5: If the students are young kids, their parents will pick and drop them at your home. Politely explain to parents about your society rules, if any.
Tip 6: Always give the list of your students and their parents to the security gatekeeper and ask all students and parents to make an entry into the entry register.
You will have two benefits. The first is your society rules will be followed and second, you will have the proof of the students coming and going from your home.
Tip 7: Never let any students use your building amenities like a garden, gym, playground, park etc.
Tip 8: If the students are in higher education, always ask them to wear appropriate clothes and maintain the decorum of your building.
Tip 9: Avoid any kind of celebration at your home in which your students are involved. For example, your student’s birthday will undoubtedly create a noisy atmosphere in your building. (However, you can do it if you have fewer students who are mature enough to maintain discipline.)
Tip 10: Avoid any activity that disturbs your neighbours and people living in the surrounding. If you get a complaint from any neighbour, immediately try to resolve it and inform the concerns.
You can also extend the list of these tips according to your area and your social understanding.
If you follow these simple guidelines for home tuition, you will not have any issues while running your home tuition business smoothly.
Conclusion on home tuition rules and regulations in India
I hope that now you have a clear idea of the legality of home tuition as per a few examples that you have seen, and you understand the general guidelines that are common but important.
Over to you.
What problems are you facing to start tuition from home? Please comment below, and I will try my best to suggest the appropriate solution that will help you kick-start your journey as a home teacher.
I wish you the best in your tutoring business.
Good Evening,Mam.
This is Mehjabeen shaikh basically I was a diploma holder teacher, for a some reason I quit it to teach in school,now I m taking home tuition last 3 years at my home.. but Now our Society creating pblm not to continue tuition just Because I was asked about the Annual report and Maintainance.. so that’s why They are making me pblm but I m depending on my tuition income where I can manage my home.
Is that any laws where I can fight with them..
Kindly reply soon.
Dear Mehjabeen, This article is for a general reference and I am not a legal advisor. Please get in touch with a local lawyer. I am sure that the lawyer will guide you properly.
Best,
Shweta
I am Jayshree Mandhare.mai 25 years se tution le rhi hu, June 2023 se mai mere dusre ghar shift hui hu,pr tution mere pehle ghar pr hi he.tution wala flat mera khud ka hi he,pr ab mere naye kamiti member muze tution lene se mana kr rahe he,unka kehna he ki me es flat me nhi rahti to tution nhi le sakti,kya aisa krna eligal he, owner hoke bhi aisa??plz give me solution mai galt hu ya, kamiti member???plz reply.
Dear Jayshree,
Aapko pehle ye janna padega ki ab aapke flat ke committee member aapko mana kyu kar rahe he? Aap unse bat kijiye, unka koi concern ho to use samaziye. Root cause jane bina aapko koi bhi guide nahi kar sakta. Vese bhi me koi legal advisor nahi hu. Agar koi genuine issue nahi he to aap kisi bhi lawyer se consult kar sakti he. Better hoga aap bat karke matter ko solve kijiye. Ho sakta he aapke end se unko kuch pareshaniya ho rahi ho. Aap flat owner ho aur agar kisiko koi real problem nahi ho rahi he to aap bilkul apna tuition continue kar sakti he. This is just a my personal suggestion and should not be taken as a legal advise. Your discretion required.
Best,
Shweta Singh
Can I follow school home works in my tuition centre to kids..I have doubt..because of that so many kids are not balanced in basics. I want to concentrate in basics. Is it right or wrong
Hello Prabavathi, thanks for your question but I am unable to understand what exactly you want to know. Can you please explain it further?
Best,
Shweta
students strength 40.i am not take permission from local authority…in next i dont want to take permission from them…can i run tuition…and from 4 -7 clock..I am running tuition for that 40 students without batchwise..is will be problem.. because in this article you mentioned only 15 students for each batch
Dear Harini, thanks for your comment. Unfortunately, I couldn’t understand your issue. I recommend you to please re-read this article as I have extracted the rules from the judgements of various courts across the India and tried to explain in a summarized manner. If you have any further question, you may join my facebook group where you can ask anything related to tutoring. We have a community of tutors helping each other. Group link is given below.
Join My Facebook Group Of Tutors
Tution teacher is asking for more fees as she took money monthly eg. Student joined at October and left at January and till that period fees was clear. Still teacher is asking more fees till the months which student didn’t attended the classes
See, tutoring is solely based on mutual agreement between student/parent and tutor. Did you have any contract with the tutor? If as per the agreement/contract, you agreed to pay fees for a certain period, irrespective of actual teaching, you need to pay. But, if there is no any agreement, you should not pay for the months where she haven’t taught your kid.
I hope this helps.
Best,Shweta
In private tuition teacher can take govt holiday ??????
Why not? However, it depends upon tutoring terms and agreement. Please join my FB group for instant answers to your questions. You may join our tutors group from here.
Hello
Mujhe ye janna tha ki mai tuition lagbhag 20 salon se chala rahi hu.itne dino me kisi ko koi presanni nahi huwi aur mere tution k karan bache achha kr bhi pae apne life me. Aur mai bhi yahi chahti thi ki jaisa ki school me pdhai ko mazak bnake rakha gya hai. Ye problem bache bahut face karte hai aur gaw me school ki pdhai se kuch nahi ho pata hai. Lekin kuchh log ab threaten kar rahe hai. Is that even worth it. Jo Maine itne salon me kiya. Kuchh logon me koi government ka bhi hai jo kosish kr raha hai. I don’t understand why… what should I do to give them back answer. They behave like if they are government people they can do whatever they want. Aur bacho ke future ka kya. Why they don’t take action against government school’s jahan pe sb teachers soee rahte hain.
Dear Suhani, sorry to hear what you are facing right now. Unfortunately, I am not the right person to advise as things are not clear why someone is harassing you. You may hire a local lawyer and he or she can help you. If you have any other questions, you can ask again.
Hello
Mujhe ye janna tha ki mai tuition lagbhag 20 salon se chala rahi hu.itne dino me kisi ko koi presanni nahi huwi aur mere tution k karan bache achha kr bhi pae apne life me. Aur mai bhi yahi chahti thi ki jaisa ki school me pdhai ko mazak bnake rakha gya hai. Ye problem bache bahut face karte hai aur gaw me school ki pdhai se kuch nahi ho pata hai. Lekin kuchh log ab threaten kar rahe hai. Is that even worth it. Jo Maine itne salon me kiya.
Hello Suhani Ji,
“threatening” kis tarah ki ki ja rahi he aapke sath ye aapne kuch bataya nahi he. Isliye acha hoga ki aap apne kisi najdiki vakil ki salah le. Me aapko legal advise nahi de sakti kyunki mera profession nahi he legal matters ka. Agar aapko tuition ya coaching ke bare mem koi bhi help chahiye, aap nischint hokar muze comment me bata sakti he. Me apna pura prayas karungi.
What will happen if students coming damage lift frequently? Who will pay? Society or home tutor? Also if tutor doesn’t take society permission can society take legal action? If in AGM society passes resolution to ban tution then what?
Thank you for the question. It seems that you have some issues with the tutor in your locality. Yes, the tutor needs to take formal permission if he/she is teaching students from his/her home that disturbs the normal atmosphere of the people living nearby and students are using resources of the society or apartment as you said, lift. See, no one is doing home tuition for the sake of time pass or as a hobby. People are doing home tuition to earn some money to manage their monthly expenses to some extent. I would suggest you have a meeting with the tutor, listen to each other and solve the common problem with a positive mindset. Make a simple agreement. Banning someone from earning money who is supporting their family, can never be a good deed. I think with a proper understanding and clear agreement, you do not need to go with any legal action unless and until the tutor is not open to understanding and participating in the healthy discussion to solve the issue of the society. I hope this helps.
Hello.
I’m taking tuition since last academic year. Now the builder and chairman of the society is asking me to shut off the classes as some of the parents have found using the lift for dropping their kids at tuition. I’m ready to increase my maintenance amount to resolve the issue of use of lift. But they don’t agree as they have some clashes with our flat owner. So they are harrassing me for the same.
Also, the builder himself run a tailoring business from his home. Is it allowed to him..??
If yes then why not me…??? Can you plz conclude and tell me how to resolve this…???
Hello Pushpa,
Since I am not a legal advisor or lawyer, I can’t give any suggestions without actually knowing the case. You can consult a local lawyer who will help you in a better way.
I wish you the best.
Shweta
I am taking tuitions in my own flat since 2008/2009.now on 27 dec 2022 my neighbour do complaint about noise, cleanliness, footwears…..
I agreed to solve all his problem.and i did..now he is counting my students…and harassing me…… before his complaint i don’t know anything about bylaws…or number of students in a batch..
I have requested to chairman and secretary for completing this academic year.from next year i will follow each and every rule.but my neighbour everyday harassing me by sending a messages in society group…
Hello Priya,
I would suggest you seek legal help. You can contact any lawyer from your location.
Thanks,
Shweta
Hello,
What if a home tutor just leaves the student who is going to appear for his Board exam due in feb ISCE just leaves and says now on i won’t continue teaching because he/she was asked to give extra time for the student who is weak in few subjects. Can the parent ask for 50 percent refund of the total fee paid or go legal against the tutor who has left the child at a crossroad.
Hello Archana,
Sorry to know that you are facing this issue with a tutor. Undoubtedly, you can (you must) ask for a refund from the nonprofessional tutor who is leaving your child in the middle of an ocean. However, I can’t conclude the situation because I am not sure whether you have some agreement with the tutor or not. Also, the reason that you stated doesn’t look like a genuine one. There must be some other reason. You can talk to the tutor and try to resolve it to avoid study disturbance for your child.
And, if you are damn sure that the tutor has no valid reason, you can ask for a refund or seek legal advice also.
I hope this helps.
Best wishes,
Shweta Singh
What if the local authorities committee member doesn’t allow for home tution?
Hi Vanshika,
Thanks for your question. As you haven’t mentioned the number of students, their class and your location(apartment, society, tenement) etc, It is quite difficult to give an answer. I can only suggest you find out the reason why they are not allowing you to conduct home tuition. And, try to solve their issue. However, if the reason is not genuine and valid, you can also approach a local lawyer and he/she will definitely help you.
I am bharthanattiyam dance teacher in my own intuition I want my tutor registration
Dear Revathy, I am sorry but I am not able to understand what you want to know or accomplish. Please clarify.