Bye Laws for Keeping Pets in an Apartment or in Society

Laws for Keeping Pets in an Apartment or in Society

Keeping Pet in an Apartment gives immense happiness to their masters due to their strong bonding & affectionate relationship. Pets act as shock absorbers.

Animal Welfare Board of India says if any pet owners not violating any municipal law are permitted to stay in society.

Being a resident of a housing society, pet lovers should also understand that pets should not cause nuisance and botheration for others.

According to Article 51 A(g) of the Indian Constitution, it is the responsibility of every citizen to behave compassionately towards living creature and animals
Section11(3) of the Prevention of Cruelty to Animals Act 1960 states that it is illegal for housing societies to pass a resolution disallowing pets.

Here is the list of bye-laws for keeping pets related to the rules with respect to pet dogs and pet-owning residents in the housing societies.

General rules by Animal Welfare Board of India

  1. Bye-Laws for keeping pets says that any housing society cannot ban residents from keeping pets.
  2. Any sort of ban can not be implemented by society. Even any resolution passed in the General Body meeting will be considered invalid. Any ban on keeping pets cannot be introduced by society by amending Bye-laws for keeping pets.
  3. The Sub tenants (the licensee) can have pets in their flat.
  4. Society cannot discriminate on the side of the pets.
  5. Dog barking cannot be a valid reason to impose a ban on pets.
  6. Having pets at home is a fundamental freedom guaranteed to the citizens of India as per the constitution.
  7. keeping pets in apartment & residents owners of the pets not violating any municipal law are permissible to stay in the housing society.

Use of lift by pets

  1. Pets cannot be disallowed from using lifts of the buildings. As per court ruling dogs/pets are family and so must have access to lifts in any society.
  2. Housing Society cannot levy any extra charges or fees to the members who use a lift for their pets.
  3. Society has no right to introduce any modification in this regard.
  4. Courts consider pets to be a part of the family so pets cannot be stopped from using society lift.

Access to the park and garden of society

  1. Society cannot disallow pets from entering the parks and garden of society.

Use of leashes and/or muzzles

  1. Society cannot force the members to keep their pets on leash (Strap or chain) or muzzles.

Defecation by pets in the society premises

  1. There no law in regards to cleaning pets excreta by the master.
  2. Even if the pet defecates in society premises still society cannot Impose fine to the master.

Bye-laws related to Street dogs

  1. Beating and driving away street dogs is not allowed.
  2. Taking street dogs for birth control or other medication-related measures is allowed but they must be released back into the same locality.
  3. There is no law restricting Indian residents from feeding stray dogs. Feeding stray animals is a compassionate feeling and is supported by the higher courts.
  4. Beating street dogs is an offense; it comes under the animal cruelty Act as a punishable offense under section 428 and 429 of the Indian Penal Code.

 

section 428 and 429 are as under:

Section 428 – Mischief by killing or maiming animal of the value of ten rupees. Whoever commits mischief by killing, poisoning, maiming or rendering useless any animal or animals of the value of ten rupees or upwards, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.
Section 429 – Mischief by killing or maiming cattle, etc., of any value or any animal of the value of 50 rupees. Whoever commits mischief by killing, poisoning, maiming or rendering useless, any elephant, camel, horse, mule, buffalo, bull, cow or ox, whatever may be the value thereof, or any other animal of the value of 50 rupees or upwards, shall be punished with imprisonment of either description for a term which may extend to 5 years, or with fine, or with both.

Hostility or aggressive behavior towards a pet that may lead pets to embrace aggressive behavior is not allowed.

Duties of Pet owners

Pet owners must understand the meaning of Co-existence and Co-operation. Pet owners are given liberty in many respects but at the same time, it is their duty to be considerate.

Few Precautionary measures

  1. Pet owners can be requested to clean up after pets defecate or they can be trained to use a specified defecation area. It will help to keep the premises clean and other members’ happy.
  2. Dogs can be kept under control while taking for a walk in the society’s premises so that others feel safe.
  3. The timings for access to the Park in the society can be fixed in the General Body Meeting and accordingly informed the pet owners.
  4. Pet owners should take care that the barking is not causing a nuisance to other members especially neighbors.
  5. Pets should be kept clean, healthy and vaccinated. Pet owners should be aware that housing society can file a case against a negligent pet owner.

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