Mumbai Housing Society Queries: Law Allows Animals To Be Fed In The Society

Some members of our society feed dogs in the premises. The dogs litter in front of our house. My father along with other members objected and complained to the society but no action has been taken. My father received a threat from someone that his pension from the government would be stopped if he objected to dog feeding. What options are available to my father?

Sanjana D Pande, Vashi

Firstly, any member of your society or any other person cannot stop your father’s pension just because he objected to the feeding of dogs. Your father can register a police complaint in accordance with Bye Law 174(E) upon receiving any threat. As regards your issue with the dogs, please note that the law allows animals to be fed in the society. However, the society needs to have guidelines for that. A special general body meeting may be requisitioned, in writing, by at least one-fifth of the total members to frame the guidelines in accordance with Rule 20 of the Animal Birth Control Rules, 2023. Your society can frame the guidelines for feeding with regard to the feeding spots, feeding time, cleaning the area, and the restrictions with regard to feeding spots near the entry and exit, children’s play area, senior citizen’s area, etc.

My neighbour has installed a shoe rack in the landing area near the staircase. The society has issued a notice to remove the same, but this member is not listening. What can the society do?

Sangeeta Dhananjay, Dombivili

Staircases, landing areas, corridors, etc, are common areas belonging to the society and are required to be maintained by it. Individual members cannot occupy the common areas for their personal use. Hence keeping a shoe rack in the landing area near the staircase is not proper. The society can penalise your neighbour in accordance with the penal charges for violation of the provision of the bye laws, if the notice is not complied with. The society can levy a penalty of an amount equal to five times the monthly maintenance charges, per month with retrospective effect for the period for which such violation exists. (Bye Law 169)

Can a society add any new provisions to model the bye laws prescribed by the government? If yes, what is the procedure?

Aman Jahangir, Jogeshwari

The state government has prescribed model bye laws in accordance with the provisions of the MCS Act and Rules framed thereunder. Every society has to adopt the bye laws in the general meeting and submit three copies of the bye laws along with the resolution to the registrar. In case the society needs to add or delete any provisions, a proposal to do so shall be communicated to the members 14 days before the meeting of the general body of the society. The resolution should be passed by not less than two-third majority of the members present and voting.

The changes shall be in accordance with the provisions of the MCS Act and the rules framed thereunder and the deletions should not amount to violation of applicable laws. (Bye Law 166).

The questions are answered by Sharmila Ranade, a legal expert associated with Mumbai Grahak Panchayat.

The questions, in brief, may be sent to fpjchs@gmail.com