Form C Issuance - Is Landlord Liable?

#1 Oct 25th, 2016, 18:25
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  • vinpal is offline
#1
Hi...

I have a house (in Tamilnadu) that I have rented out to the Indian entity of an international company with a formal lease agreement.

They are asking me for a Form C for a couple of their foreign employees/guests (not Indian citizens) who are staying there in this house.

I did not know anything about a Form C till they asked me about it.

1. Am I obligated to do this Form C? I don't know their guests!!!

2. By filling in a Form C - am I liable for anything their guests do?

Pl advise.

Thanks!

A confused small house owner
#2 Oct 25th, 2016, 19:04
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#2
Quote:
Originally Posted by vinpal View Post ... I have a house (in Tamilnadu) that I have rented out to the Indian entity of an international company with a formal lease agreement.

...

1. Am I obligated to do this Form C? I don't know their guests!!!

2. By filling in a Form C - am I liable for anything their guests do? ...
Hello, vinpal, and welcome to IndiaMike

It's strange that the Indian entity (company) is asking you, the owner of the property, to provide a Form 'C'. Since the entity/company have a registered lease agreement with you, they are the legal occupiers of the premises and hence it is their responsibility to register for and submit Form 'C' for anyone that they accommodate. Your contract is with the Indian entity/company, not with the foreign occupant/occupants.

It is NOT your responsibility. They are obliged to register for and submit the Form 'C'.

===

Point the Indian entity/company with whom you have the lease agreement to:

http://boi.gov.in/?q=content/general...ion-foreigners

Tell the Indian entity/company to scroll down and select Form 'C' from the bottom of the menu on the left.

http://boi.gov.in/content/form-c
Quote:
Form C

Any Hotel/ Guest House/ Dharmashala/Individual House/ University/ Hospital/ Institute/ Others etc. who provide accommodation to foreigners must submit the details of the residing foreigner in Form C to the Registration authorities within 24 hours of the arrival of the foreigner at their premises. This will help the registration authorities in locating and tracking the foreigners. This document provides the functionality of registration process of Hotel/ Guest House/ Dharmashala/Individual House / University/ Hospital/ Institute/ Others etc. owners for Form-C.

Click To Register Online FormC
Clicking on the link will take them to the FRRO's Online Form 'C' site, where they can register and submit their occupant's/occupants' details.
#3 Oct 25th, 2016, 19:04
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#3
<x-posted>

Yes, you will have to issue Form C as long as the foreigners are staying at your property.

You may ask the foreigners to leave your premises if they have not taken permission from you to stay.

Any Hotel/ Guest House/ Dharmashala/Individual House/University/ Hospital/ Institute/ Others etc, who provide accommodation to foreigners, must submit the details of the residing foreigner in Form C to the Registration authorities within 24 hours of the arrival of the foreigner at their premises.

This will help the registration authorities in locating and tracking the foreigners. This document provides the functionality of registration process of Hotel/Guest House/ Dharmashala/Individual House/University/Hospital/Institute/Others etc owners for Form-C.

You should visit this page and register yourself.

From 1st June, 2016 onwards the house owner will have to fill up checkout details of the foreigners using "Check Out/ Departure Entry" after Login into Form C.
#4 Oct 25th, 2016, 19:19
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#4
Quote:
Originally Posted by Prakaant View Post <x-posted>

Yes, you will have to issue Form C as long as the foreigners are staying at your property.

You may ask the foreigners to leave your premises if they have not taken permission from you to stay.

Any Hotel/ Guest House/ Dharmashala/Individual House/University/ Hospital/ Institute/ Others etc, who provide accommodation to foreigners, must submit the details of the residing foreigner in Form C to the Registration authorities within 24 hours of the arrival of the foreigner at their premises.

This will help the registration authorities in locating and tracking the foreigners. This document provides the functionality of registration process of Hotel/Guest House/ Dharmashala/Individual House/University/Hospital/Institute/Others etc owners for Form-C.

You should visit this page and register yourself.

From 1st June, 2016 onwards the house owner will have to fill up checkout details of the foreigners using "Check Out/ Departure Entry" after Login into Form C.

Prakaant, I disagree with your reading. It is the legal occupant and not the owner/landlord who has the responsibility of Form 'C'.

Here is a scenario. The Maharana of Udaipur owns the 'Jag Niwas' island on Lake Pichola, Udaipur. The island is leased to the Taj Hotel Group's Lake Palace Hotel. It is the Taj Group that is responsible for Form 'C', not the Maharana, for registering guests at that hotel.


ETA

In practise, the rule isn't even enforced for individual homes. Usually, foreign employees have to register themselves at the local FRRO anyway, as part of their contract. The FRRO does not enforce the stipulations of Form 'C' for casual foreign guests at individual homes.
#5 Oct 25th, 2016, 19:40
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#5
Bypassing a rule is different.

The OP will have to check the lease agreement about the subleasing of premises. Has the right of subleasing granted to the tenant?

If yes, then the onus will be on the tenant.
#6 Oct 25th, 2016, 20:01
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#6
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Originally Posted by Prakaant View Post Bypassing a rule is different.

The OP will have to check the lease agreement about the subleasing of premises. Has the right of subleasing granted to the tenant?

If yes, then the onus will be on the tenant.
A lease agreement (when leasing out to an Indian company), usually has the clause that the occupants will be authorised officers/employees/guests of that company. There is usually no leeway in the agreement for the lessee to act as a a 'sub-lessor'.

The occupants in this case, according to the OP, are "foreign employees/guests (not Indian citizens)", and hence they are not 'sub-lessees'.

I lease my Bombay apartment to Indian subsidiaries of multi-national companies too. The occupants in the agreement are named officers/employees of the lessee. Before the employee can occupy the apartment, she/he has to complete local Police Clearance Certificate formalities, FRRO registration and is also interviewed by my building's Committee, who then issues a NOC to me allowing me to lease it to the company.

I cannot say whether the lessee company submits Form 'C', but the onus to do so is certainly not on me.

When I am in occupation, I do not submit Form 'C' for visiting foreign family, foreign friends (including IndiaMikers) or other casual foreign guests.
#7 Oct 25th, 2016, 20:07
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#7
Thanks ViShVa and Prakaant for your insights!!!

I was able to find one reference to tenant in the link you provided ViShVa -where the list of reqd. documents is listed - http://boi.gov.in/sites/default/file...gistration.pdf

In case of rented accommodation copy of the Lease and License agreement (1st and last page & page containing its validity)

So it seems logical and also with your direct experience - what you are saying ViShVa - that the onus is on the tenant.

In the rental agreement it is mentioned that they cannot sublet - but use it for their company's purposes - and that is what they are using it for in case of their foreign personnel.

Thanks much gentlemen!!!
#8 Oct 26th, 2016, 15:44
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#8
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Originally Posted by vinpal View Post
1. Am I obligated to do this Form C? I don't know their guests!!!

2. By filling in a Form C - am I liable for anything their guests do?
In short:

1) Yes. In fact, you are just creating an account, it's easy. Once created, your tenant can fill&print C-form by himself online to satisfy the bureaucracy. No one cares, but everyone happy.

2) No.

In fact, this is only just an ancient (back to 1930th) stupid paranoidal formality with no meaning and no use. But THEY ask, so...
#9 Oct 26th, 2016, 15:47
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#9
Quote:
Originally Posted by Yuri_S View Post In short:

1) Yes ...

2) No.

...
In short,

1) No.

2) No.
#10 Oct 26th, 2016, 15:50
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#10
Quote:
Originally Posted by ViShVa View Post I cannot say whether the lessee company submits Form 'C', but the onus to do so is certainly not on me.
What Vishva says seems very logical, why would the landlord need to be in loop of form C when he has leased out his property, does not make sense.
If you find my posts confrontationist, please bear, I am an old frustrated guy who has nothing better to do than sit on rocking chair and curse the world whole day
#11 Oct 26th, 2016, 16:01
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#11
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Originally Posted by ViShVa View Post When I am in occupation, I do not submit Form 'C' for visiting foreign family, foreign friends (including IndiaMikers) or other casual foreign guests.
Not following the rules doesn't mean that the rules doesn't exist at all.

As I said, nobody cares - especially in your cases (casual visits). But, once a foreigner is going to extend his visa - Form 'C' became the must, and this is a case.

Quite simple.
#12 Oct 26th, 2016, 16:08
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#12
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Originally Posted by jituyadav View Post does not make sense
Most of the Indian goverment rules and requirements regarding to the foreigners stay doesn't make any sense, absurd and paranoid.

Form 'C' not exception. This rule introduced just 2 years back for unknown reason. Before there was no any Form 'C' for private renting.
#13 Oct 26th, 2016, 16:10
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#13
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Originally Posted by Yuri_S View Post Not following the rules doesn't mean that the rules doesn't exist at all.

As I said, nobody cares - especially in your cases (casual visits). But, once a foreigner is going to extend his visa - Form 'C' became the must, and this is a case.

Quite simple.

Yuri, let me try again.

If I lease your apartment from you, officially with a registered lease agreement, and you gallivant in the high Himalayas, Sichuan and Mongolia on the proceeds of my lease consideration, then the onus is on me (as the legal occupant) to notify the FRRO of any foreign guest that I host in your apartment, and not on you.

I'd said earlier:
Quote:
Here is a scenario. The Maharana of Udaipur owns the 'Jag Niwas' island on Lake Pichola, Udaipur. The island is leased to the Taj Hotel Group's Lake Palace Hotel. It is the Taj Group that is responsible for Form 'C', not the Maharana, for registering guests at that hotel.
Quite simple.
#14 Oct 26th, 2016, 16:23
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#14
VishVa, let me try again.

The key point which you missed is: the nature of business of the Taj Group is the hospitality business.

That's why they are responsible for handling all the issues.

Once the appartment is not rented to the "BlaBlaBla Guesthouse (P) Ltd", who is doing guests accomodation as the sole REGISTERED business, all the occupants are responsibility of the landlord.

Quite simple.
#15 Oct 26th, 2016, 16:30
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#15
BTW, the biggest problem in renting a house which I can see is the Indian owners are not to willing to help with any goverment formalities. Yes, they (formalities) are mostly absurd. But for the foreigners no way to escape - so, it's VERY important to have a helpfull lendlord!
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