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The Provisions under Foreign Exchange Regulation
Act (FERA) :
Section 2 (p) and 2 (q) of FERA define
resident and non-resident as under:
2(p) "person resident in India"
means-
(i) a citizens of India ,who has, at any
time after the 25th day of March, 1947,
been staying in India, but does not include
a citizens of India who has gone out of,
or stays outside, India in either case-
(a) for or on taking up employment outside
India, or
(b) for carrying on outside India a business
or vocation outside India, or
(c) for any other purpose, in such circumstances
as would indicate his intention to stay
outside India for an uncertain period.
(ii) a citizen of India, who having ceased
by virtue of paragraph (a) or paragraph
(b) or paragraph (c) of sub-clause (i) to
be resident in India, return to, or stays
in, India, in either case-
a) for or on taking up employment in India,
or
b) for carrying on in India a business
or vocation in India, or
c) for any other purposes, in such circumstances
as would indicate his intention to stay
in India for an uncertain period.
(iii) a person, not being a citizen of
India, who has come to, or stays in India,
in either case-
a) for or on taking up employment in India,
or
b) for carrying on in India a business
or vocation in India, or
c) for any other purpose, in such circumstances
as would indicate his intention to stay
in India for an uncertain period.
(iv) a Citizen of India, who not having
stayed in India at any time after the 25th
day of March, 1947, comes to India for any
of the purpose referred to in paragraphs
(a), (b), and (c) of the sub-clause (iii)
or for the purpose and in the circumstances
referred to in paragraph (d) of that sub-clause
or having come to India stays in India for
any such purpose and in such circumstances.
Explanation.- A person, who has, by reason
only of paragraph (a) or paragraph (b) or
paragraph (d) of sub-clause (iii) been resident
in India, shall, during any period in which
he is outside India be deemed to be not
resident in India.
Clarification :
(A) It has been clarified in the Exchange
Control Manual (ECM) that Indian Citizens
who proceed abroad for business visits,
medical treatment, study which do not indicate
their intention to stay outside in India
for an indefinite period will be considered
as "person resident in India"
during their temporary absence from India.
(B) An office or a branch situated in India,
of any business, whether carried on by a
body corporate or otherwise, whether Indian
or Foreign, is treated for all purpose of
FERA as "person resident of India".
2 (q) "person resident outside India"
means a person who is not resident in India
. Thus the term "non-resident"
is synonymous with the term, "person
resident outside India".
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