please go through para 26 of Chapter IV [MEMBERSHIP OF THE FUND ]of Employees Provident Fund Scheme 1952
Sub-para (2) after this para comes into force in a factory or establishment ,Every employee employed in or in connection with the work of a factory or establishment to which this scheme applies , other than an 'excluded employee', who has not become a member already shall be entitled and required to become a member of the the Fund fom the date of joining the factory/establishment .
excluded employee is defined in para 2(f)(i) means an employee who having been member of the fund, withdrew the full amouint of his accumulations in the fund
and (f)(ii) provides that an employee whose pay at the time he is otherwise entitled to become a member of the fund, exceeds 6500/- p.m.
sub-para(6) provides that such person can become member with the written consent of the employer, but the employer shall not be under any obligation to pay more than 12 % of basic as employer share.
RLDhingra , Advocate, Labour Law Consultant
29th April 2011 From India , Delhi