Actually There is no rules. Please find the below answer from CUPA when I face an issue with my apartment people. Let me know if you have any questions.
From: cupa cupablr [mailto:firstname.lastname@example.org]
Sent: Saturday, February 20, 2010 11:14 AM
To: Mullerpaten, Shyam Ratnakar
Subject: Re: Regarding pets in apartments
No law or no amount of voting against , can stop you from keeping your pet in your flat. there are certain considerations for which i request you to go thorugh the information given below. Please feel free to contact us for any further guidance you might require.
As regards your query, the Indian Constitution does not have any law to say that pets are not allowed in any apartments. The association can make a bye-law but this is not necessarily binding on the owner of a pet.
What is binding is the manner in which the animal is kept. There should be no violations of the law - Prevention of Cruelty to Animals, Act, 1960-(PCA, Act) with regards to how the animal is kept and maintained eg: if it is kept inside for long hours, not sufficiently exercised, not given enough food and water, left out in terrace in the open without a shade and such aspects which show neglect of a pet, barking continuously for long hours and disturbing the neighbourhood etc. All these are liable for the owner to be booked under the Prevention of Cruelty to Animals Act, 1960.
However, if the pet is well kept and causing no nuisance to neighbours then you are within your rights to keep the animal. The Association may have strict conditions enforced like no urinating in public/common places of the building by the dog, no barking or disturbance to neighbours etc.
'Responsible pet ownership' along with 'conditions of the Association' is all that is required.
As per our advocates, there is no such law in the Indian Constitution but the associations make such rules. In other words, if you keep your dog in a manner 'unoffensive' to anyone then you have a right to keep your pet.
The best approach to this is to permit pets but with strict guidelines formed by the Association, for eg:
These points are for the well-being of the pet to ensure that Owners take good care of their pets.
1. Dogs cannot be locked up for very long periods of time in the flats.
2. Owners of pets must ensure that their dog does not bark 'incessantly' creating a nuisance to the neighbours.
Dogs barking occasionally/briefly is normal and natural, especially for protection of your flat.
3. Dogs should not be placed on terraces/outside for long hours without shade, food and water.
4. Owners cannot leave their dogs in the apartment when on vacation/out of station unattended unless with a relative/servant.
5. Owners must exercise their dogs everyday outdoors.
6. Owners cannot chain their dog for long periods of time.
The points below pertain to the building and neighbors:
1. Dogs/pets should use the lift when not used by other residents.
2. Dogs should not be permitted to dirty the lift, corridors or common arrears. If done so, the Owner must clean it or have it cleaned immediately
3. Neighbours should not be disturbed by 'constant' barking of the dog/s.
4. Dogs should not be taken to the play/recreation areas and should be walked outside the limits of the building.
5. Owners should avoid their pets being teased by children and others. This angers the animal causing untoward instances for no fault of the animal.
6. The dog should be on a leash out doors.
These are sample of the types of rules that can be made to ensure the well-being of the dog and the neighbours in the building. With the number of murders happening in Bangalore even in flats with heavy security facilities, a dog is a very good security for anyone.
In another case in Delhi, the person's (who had been also asked to remove his pet) lawyer told them that the State and country law precedes over any other law. ie. no Society can issue any order defying the State law. In case of Mumbai, the High Court has passed an order for Societies to adopt street dogs. Animal laws in India allow pets to be kept and action can be taken against a cruel owner, if the cruelty is proved. No Society can pass any order, which is against the welfare of the animal. It will be legally both contempt of Mumbai High Court ( since one case was in Mumbai) and also going against the law of the land. So the Managing Committee must be informed that after this order is passed they can be prosecuted.
Family issued notice by housing society in Dombivli (East) to get rid of pet dog
Posted On Saturday, January 26, 2008
A housing society in Dombivli (East) has issued a notice to a family living there, that they can no longe r keep their pet dog. Afraid that they will be asked to leave, the Murlidhars sought help from animal rights activists. The Plants and Animals Welfar e Society (PAWS) has issued a notice to the building's committee, warning them of legal action if the family is troubled.
The Murlidhar s have been living in Shree Geetanjali Co-operative housing society for the past six years. Last February they got a Labrador Pluto, then one-month old. The managing committee recently decided to ban pets in the building. The Murlidhars say no one objected to the dog, no r were they ever shown the by-laws of the society that banned pets in the building. "The same society did not say anything when one of the other members kept a German shepherd, for seven months, until they moved," said Vishal Murlidhar, who is a student at Model College.
Vishal's father, Murlidhar V K is an engineer, who travels a lot for work. When Vishal's brother goes to school, their mother is alone at home, so the family feels secur e with the dog.
Both In Defence of Animals (IDA) and PAWS have written to the society, that the family cannot be dispossessed of their pet. "These days we receive a lot of these complaints where some members of the society get together at an Annual General Meeting (AGM) and pass some by-laws which are arbitrary in nature, especially concerning pets," said Nilesh Bhange, honorary Secretary of PAWS.
Ms Sanober Z. Bharucha
Hon. Trustee, CUPA