FEMA 1999 has not given definition of Person of India Origin. However, Reserve Bank of India in its various FEMA Notifications issued under FEMA, 1999 has defined a Person of India Origin as under:
- For the purpose of opening non-resident bank accounts in India Person of India Origin means a citizen of any country other than that of Bangladesh or Pakistan, if -
- He at any time held India passport
- He or either of his parents or any of his grand parents was a citizen of India by virtue of the Constitution of India of the Citizenship Act, 1955 (57 of 1955)
- The person is a spouse of an India citizen or a person referred to in sub-clause (a) or (b) above
- For the purpose of investing in shares/debentures etc. in India Person of Indian Origin means a citizen of any country other than that of Bangladesh or Pakistan if-
- He at any time held India passport
- He or either of his parents or any of his grandparents was a citizen of India by virtue of the Constitution of India of the Citizenship Act, 1955 (57 of 1955)
- The person is a spouse of an India citizen or a person referred to in sub-clause (a) or (b) above
- For the purpose of acquiring immovable property in India Person of Indian Origin means a citizen of an country other than that of Bangladesh or Pakistan or Sri Lanka or Afghanistan or China or Hong Kong or Macau or Iran or Nepal and Bhutan if-
- He at any time held India passport
- He or whose father or mother or whose grandfather or grandmother was a citizen of India by virtue of the Constitution of India of the Citizenship Act. 1955 (57 of 1955)
- For the purpose of establishing a branch or office in India Person of Indian Origin means a citizen of any country other than that of Bangladesh or Pakistan or Sri Lanka or Afghanistan or China or Iran of Hong Kong or Macau if -
- At any time held India passport
- He or either of his parents or any of his grandparents was a citizen of India by virtue of the Constitution of India of the Citizenship Act. 1955 (57 of 1955)
- The person is a spouse of an Indian citizen or a person referred to in sub-clause (a) or (b) above
- For the purpose of acquiring PIO Card Person of Indian Origin means a citizen of any country other than that of Bangladesh or Pakistan, if -
- He at any time held an India Passport
- He/she or either of his/her parents or grandparents or great grandparents was born in India and permanently resident in India as defined in the Government of India Act, 1935 and other territories that became part of India thereafter provided neither was at any time a citizen of any country as may be specified by Central Government from time to time
- Who is a spouse of a citizen of India or a Person of Indian Origin as mentioned above.