Section 82A(5) in The Employees' Provident Funds Scheme, 1952
(5)The employer shall specify the date of eligibility in respect of each employee for membership in the declaration referred to in sub-paragraph (2):Provided that such declaration shall be valid only in respect of employees who are alive as on the 1st day of January, 2017 and no proceedings under section 7A of the Act or under paragraph 26B of this Scheme or under paragraph 8 of the Employees' Pension Scheme, 1995 have been initiated against their establishment or employer, as the case may be, to determine the eligibility for membership of such employees.