Categories And Status Of Different Persons In FEMA

Broadly speaking FEMA, covers, three different types of categories, and deals differently with them.

These categories are:

1. Person
2. Person Resident In India
3. Person Resident Outside India

Person

For the purpose of provisions, a person shall include any of the following:

1. An individual
2. A Hindu Undivided family
3. A company
4. A Firm
5. An association of persons or a body of individuals, whether incorporated or not,
6. Every artificial judicial person, not falling within any of the preceding sub clauses, and
7. Any agency, office or branch owned or controlled by such person.

Person Resident In India

"A person resident in India", shall include any of the following

1. A person who has been residing in India for more than 182 days, in the last financial year. This means if a person has to be assessed, as to whether he is person resident in India, for any offence committed in August 2001, then he should be residing in India for more than 182 days during April 2000 to March 2001
2. Any person or body corporate registered or incorporated in India, or
3. An office, branch or agency in India owned or controlled by a person resident outside India, or
4. An office, branch or agency outside India owned or controlled by a person resident in India.

However, in following cases a person shall not be person resident in India, even if he is residing in India for more than 182 days in the last financial year:

1. A person who has gone abroad, for :
   • Taking up employment outside India or
   • For carrying on any business outside India, or
   • For any other purpose, which itself would indicate his intention to stay outside India for an uncertain period.
2. Similarly, a person who has come to India for any purpose except :
   • Taking up employment in India, or
   • Carrying on any business in India, or
   • For any other purpose, which itself would indicate his intention to stay in India for an uncertain period.

Person Resident Outside India

Simply putting it, "a person resident outside India" means "a person who is not resident in India"