Section 173A in The Mumbai Municipal Corporation Act, 1888
173A. [ Owner of premises entitled to recover water charges from occupiers of tenements. [Sections 173A and 173B were inserted by Bombay 62 of 1954, Section 5.]
(1)If the premises to which water is supplied by measurement consists of more than one tenement and water is supplied thereto through a common meter and if water charges in respect of the water supplied are paid to the Commissioner by the owner of the said premises or and person acting on his behalf, such owner shall be entitled to recover the sum of such water charges pro rata from the occupiers of the tenements during the period for which water is supplied to the said tenements through the common meter, in proportion to the amount of the rent for which each of such tenements is let:Provided that if-(a)any of the tenements is in the occupation of the owner or any person acting on his behalf, or(b)by the terms of the tenancy, the owner has agreed to pay the water charges for an occupier of a tenement,the amount payable pro rata in respect of such tenements shall not be recovered from the occupiers of other tenements.(2)If under the terms of the tenancy, the rent charges for any such tenement is inclusive of water tax and subsequently water is supplied thereto through a common meter and if water charges are paid by the owner or any person acting on his behalf, such owner shall be entitled to recover under this section from the occupier of such tenement only the difference between the water tax previously payable by him and the water charges payable in respect of such tenement on pro rata basis under sub-section (1).
