A Non-Resident Indian is termed as a "person resident outside India". Clause 2(W) of FEMA 1999 indicates that "A person resident outside India" means a person who is not resident in India. Clause 2(V) of FEMA 1999 defines a "Resident" as follows:
A person residing in India for more than 182 days during the preceding FY but does not include:
A person who has gone out of India or who stays outside India, in either case
for or on taking up employment outside India, or
for carrying on outside India a business or vocation outside India, or
for any other purpose, in such circumstances as would indicate his intention to stay outside India for an uncertain period.
A person who has come to or stays in India in either case, otherwise than
for or taking up employment in India, or
for carrying on in India a business or vocation in India, or
for any other purpose, in such circumstances as would indicate his intention to stay in India for an uncertain period
Any person or body corporate registered or incorporated in India,
An office, branch or agency in India owned or controlled by a person resident outside India,
An office, branch or agency outside India owned or controlled by a person resident in India.
