Hi,

You are suggested to first serve a legal notice to society for removal of those arbitrary by laws. If not removed by society, approach high court under writ jurisdiction.

Pets cannot be legally disallowed from using lifts as per previous court rulings.

No changes can be imposed on banning of use of lifts by pets.

Courts believe that dogs are like family and must have access to lifts in any society or community.

RWA cannot impose any sort of special charges or fee for pets or their owners for providing lift facilities.

Society can restrain pets from using other lifts 

2) they have provided you  access  of one lift for usage of pets 

3) they cannot restrain pets from using the lobby 

4) 

The Animal Welfare Board of India has passed by-laws on keeping pet dogs in apartments. If you are living in a society apartment, you should be aware of these laws and make sure no one harasses you for keeping a pet in your apartment

Rules & By-Laws for pet owners living in society apartments:

Any civic body (Resident Welfare Association – RWA) does not have the right to ban residents from keeping pets in their apartments, not even by getting a majority vote in the society with the help of other tenants or residents.

Any discrimination over size or type of pet breed is not allowed in a housing society.

No ban can be imposed on pet owners due to their dog’s barking habits.

No ban can be imposed on keeping pets in apartments, even after amendment of society bye-laws and regulations.

If a pet owner abide by the municipal laws regarding pets then no society civic body has the right to ban the pets or their owners from the society.

5) you can file complaint against society  before consumer forum and seek orders to direct society not to restrain you from keeping pets

See the society can direct pet owner to use specific lift though they have to maintain that lift it has to be clean and well maintained.

Though they cannot restrict on use of common area and entry by pets these restrictions are arbitrary. 

There is circular of animal welfare board which says the society cannot harass pet owners and cannot put such arbitrary restrictions on pets.

You can issue legal notice to society and further if on notice they fail a complaint before consumer forum can be filed.

These all rules are illegal.  You don't have to follow them you can complaint against them tobdy registrar or also file police complaint if they harass you

Yes the society is well within it's rights to prohibit pets in all common areas of the society. However, it has no right to impose blanket ban upon pets ie it cannot legaly prevent members from keeping pets. 

As your society has not imposed blanket ban upon pets, there's no illegality committed by your society. As already stated, it is well within it's rights to prohibit​ pets in society​ common area

My job is not to provide palatable answers to you, but provide you the legally correct position. All the best to you

1) If you have all licences and followed all PETs rules and regulations given by government.

Use of Lift by Pets:

• Pets cannot be legally disallowed from using lifts as per previous court rulings.
• No changes can be imposed on banning of use of lifts by pets.
• Courts believe that dogs are like family and must have access to lifts in any society or community.
• RWA cannot impose any sort of special charges or fee for pets or their owners for providing lift facilities

2) You can make complain in writing to registrar in the writing against society ruling body

There is circular issued by Animal Welfare Board clearly stating that no RWA Other association can not impose any ban on keeping pets by owner/occupants even it is passed by any resolutions unanimously. They can't amend any bylaws in this regard.  Any ban on keeping pets by any individual will violate his/her fundamental right. They can only put some reasonable restrictions on pet's free movements in common area including parks. For example pets should be on leash while moving in parks or lift etc. 

Even if the majority of residents want such a ban, it is not legal. They cannot ban the entry of pets in common areas nor disallow the pet from using the society lift.

You can give a written complaint to the Animal Welfare Board of India (AWBI) and they'll take adequate action to stop such an activity. 

Such decisions seem to be arbitrary 

you have to challenge before the deputy registrar of cooperative societies

Dear client 

There are many ways by which you can challenge the arbitrary laws of the society these are

• You may approach the Animal Welfare Board of India in case the wellbeing of an animal is threatened
• You can also approach Registrar of Societies for any arbitrary functioning of an RWA. The RoS has the power to dissolve an RWA, if need be.
• A complaint can also be filed with the local police station having jurisdiction over your area. If the RWA forcibly hinders the entry of pets into the society premises that results in harm to the pet, a case under Section 428, 429 IPC (Indian Penal Code) can be registered against the RWA office bearers.
• You can also approach the District Consumer Disputes Redressal Forum in case of any complaints.  Action can be initiated against RWA members under Section 2 (1) (g) of the Consumers Protection Act.
• The Wildlife (Protection) Act, 1972, and the Environment (Protection) Act, 1986, cast a duty upon the citizens of this country to safeguard the animals and environment. Many RWAs prohibit their residents from feeding and taking care of roadside stray animals. This prohibition cannot be upheld and is a limitation upon a persons' liberty.
• RWA resolutions that may harm animals violate Section 11 (3) of Prevention of Cruelty to Animal Act, 1960. It is also against Article 51 A (g) of the Constitution which provides for protection and improvement of the natural environment, including forests, lakes, rivers and wildlife, and to have compassion for living creatures.

Except raisiing the question before the Society no other law is there to help you as they are empowered to pass suitable orders taking into consideration the safety and security of inhabitants.

The Animal Welfare Board of India as part of the Ministry of Environments and Forests, Government of India has issued an updated circular clearly listing bylaws on all pet dogs and street dogs in the country. 

Bylaws and Rules with respect to Pet Dogs and Pet Owning Residents in a RWA

General Do’s and Don’ts:

• Any RWA cannot ban residents from keeping pets even by obtaining a consensus.
• The introduction of any sort of a ban on residents keeping a pet cannot be introduced even if majority is in favor of such a ban.
• There cannot be any discrimination on size of pets allowed in the housing society.
• Dog Barking is not a valid reason to impose any pet related ban.
• Any ban on keeping pets cannot be introduced even after amendment of society bye-laws and regulations.
• Banning pets is direct interference with fundamental freedom guaranteed to the citizens as per the constitution.
• Any pets and resident owners of the pets not violating any municipal law are permissible to stay in the society or community.

Use of Lift by Pets:

• Pets cannot be legally disallowed from using lifts as per previous court rulings.
• No changes can be imposed on banning of use of lifts by pets.
• Courts believe that dogs are like family and must have access to lifts in any society or community.
• RWA cannot impose any sort of special charges or fee for pets or their owners for providing lift facilities.

Use of Park by Pets:

• Banning pets from having access to garden is short sighted and pets can show aggression in frustration.
• It is better to fix dedicated timeline allowing access to garden/parks for pets.
• The timings for access to garden or park for pets can be intimidated to the general body of the RWA.

Use of Leashes and/or Muzzles:

• Pet owners can be requested to keep their pets on leash when in common areas.
• Negligent pet owners can be fined if their actions cause any trouble to other residents.

Defection by Pets in Community Premises:

• Since there is no central law requiring cleaning of pet excreta, RWA can request pet owners to clean the same.
• RAW however cannot impose a fines or special charges on pet owners in case of pet excreta in common area or community premises.
• Pet owners must train their pets to use the same area for excreta each day without causing trouble to other residents.

Intimidation: No RAW or member can intimidate a pet owner into giving up or abandoning of his or her pet under any circumstances.

You may take legal action if there any violation of the law or rules in this regard on any name.

1. This is totally illegal. Bombay HC has already declared such curbs on the use of lifts by pets as illegal.

2. File a writ petition in the HC to declare the ban as illegal and also seek damages to the tune of crores.