National Records Centre Bill

“Centre” means the National Records Centre established under section 3 of this Act;

“current records” means those public records which are preserved by the departments which produce or receive them, because they are required for reference in order to complete the business to which they relate;

“Director” means the Director of National Records appointed under section 4 of this Act;

“intermediate records” means those public records which although no longer required as current records, cannot be destroyed, either because they possess contemporary value or because they have been assessed as suitable, after further consideration and classification, for eventual inclusion in the Centre;

“public archives” means those public records which —

“public office” means any department, office, institution, agency, commission, board, corporation, local authority or statutory body or any other office of the Government or branch or sub-division thereof, and includes any other body as the President may, by notification in the Gazette, declare to be a public office;

“public records” means papers, documents, records, registers, printed materials, books, maps, plans, drawings, photographs, micro-films, cinematograph films and sound recordings of any kind whatsoever, produced or received by any public office in the transaction of official business, or by any officer in the course of his official duties, and includes current records, intermediate records and public archives;

“Records Committee” means the Committee established under section 5 of this Act.

The Minister shall appoint a Director of National Records who —

The provisions of paragraph (f) of subsection (1) of this section shall not be taken to require the Director to return any public records the condition of which does not warrant their removal out of the Centre.

Nothing in this section shall be deemed to authorise the Director to inspect the contents of any public records that are classified as secret or confidential, except with the consent of the administrative head of the public office having the custody thereof.

There shall be established a Records Committee, which shall consist of the Director as Chairman and five other members to be appointed by the Minister.

A member of the Committee shall hold office for such time as the Minister may direct and shall receive no remuneration for his services.

The function of the committee shall be to advise the Director on the carrying out of his functions under this Act.

Three members of the Committee shall form a quorum.

The Committee shall determine its own procedure.

Any public archives and any intermediate public records which in the opinion of the Director are of sufficient value to warrant their preservation shall be transferred to the Centre.

It shall be lawful for the Director to defer the transfer of any public archives or intermediate public records to the Centre where he is satisfied that by reason of the nature of the records the immediate transfer would unduly prejudice the administration of any public service or would not be in the public interest.

No person shall without the consent of the Director destroy or otherwise dispose of, or authorise the destruction or disposal of, any public records which are in his possession or under his control.

Any person intending to destroy or dispose of or to authorise the destruction or disposal of any public records shall first notify the Director of the said intention and shall in such notification specify the nature of the public records in question.

The Director may inspect any public records specified in any notification under subsection (2) of this section and shall if he requires such records to be made available to him, inform the person making such notification of such requirement, and such public records shall be made available to the Director.

The Director may authorise the destruction of any specified classes of public records which —

No person, who is not an officer of the Centre, may inspect any public records, other than public archives, which have been transferred to the Centre without the written authority of the Director.

Any person may, for the purpose of reference or research, inspect any public archives made available to the public subject to —

The Centre shall be open for the inspection of public records during such hours as may be fixed by the Director with the approval of the Minister.

The Director may from time to time delegate in writing subject to such conditions as he may specify, any of his powers under this Act, and any person to whom those powers are delegated may exercise those powers in the same manner and with the same effect as if they had been conferred on him by this Act.

Every person purporting to act pursuant to any delegation under this section shall, in the absence of proof to the contrary, be presumed to be acting in accordance with the terms of the delegation.

Any delegation under this section may be made to a person or class of persons by name or office.

Every delegation under this section may be revoked by the Director at any time, and such delegation shall not prevent the Director from exercising the powers delegated.

No person shall publish or reproduce the whole or any part of the contents of any public records which have been transferred to the Centre except with the written consent of the Director and in accordance with such conditions as may be imposed by the Director or the person from whom they were acquired.

Nothing in this section shall be construed as affecting or extending the law relating to copyright.

The Minister may make regulations for any matter which may be prescribed under this Act and generally for the better carrying out of the objects and purposes of this Act.

Without prejudice to the generality of the provisions of subsection (1) of this section, the regulations may —

The Director shall as soon as practicable in each year cause to be made and transmitted to the Minister a report dealing with the activities of the Centre during the preceding year.

The Minister shall cause a copy of every such report to be presented to Parliament.