National Archives and - UNESCO · 566 CAP. 310 Nationa! Archives and Records Cel1£re...

1. This Act may be> cited as the National Archives and Short title

Records Centre Act.

2. In this Act, unless the context otherwise requires - Interpretation.

"Centre" means the National Archives and RecordsCentre established under section 3 of this Act;

ACl 2~ or I'J61

ARRANGEMENT OF SECTIONS

CHAPTER 310

National Archives andRecords Centre Act

565

I. Short tiLle.2. Interpretation.3. Establishment of National Archives and Records Centre.4. Appointment of Director.5. Establishment of an Archives and Records Committee.6. Appointment of olIicers.7. Transfer of public records and intermediate public records.8. Return of illegally removed public records.9. Destruction or disposal of public records only on authority of

Director.10. Inspection of public records.11. Certified copy of public records.12. Delegation of Director's powers.13. Reproduction of public records.14. Prohibition of export of public records. etc.15. Regulations.16. Penalties.17. Annual report.

An Act to establish a National Archives and RecordsCentre for the purpose of providing for the custodyand preservation of public records of Singapore.

[7th February 1969]

Section

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566 CAP. 310 Nationa! A rchives andRecords Cel1£re

EstJ.hlishment ofNational Archivesand RecordsCentre.

"Committee" means the Archives and Records Committee established under section 5 of this Act.

"current records" means those public records that are ';preserved by the departments producing orreceiving them because they are required forreference in order to complete the business to whichthey relate;

"Director" mea.ns the Director of National Archivesand Records appointed under section 4 of this Act;

"intermediate records" means those public records thataIthOllgh no longer required as clIfrent records,cannot be destroyed, either because they possesscontemporary value or because they have beenassessed as suitable, after further consideration andclassification, for eventual inclusion in the Centre;

"public archives" means those public records that(a) are more than twenty-five years old;(bl are specified by the Director as being of

enduring national or historical value; and(cl have been transferred to the Centre or to

such other place as the Director may fromtime to time determine: t

"public office" means any department, office, institu- Ition, agency, commission, board, corporation, localauthority or statutory body or any other office ofthe Government or branch or subdivision thereof,and any other body that the President may, bynotification in the Gazetle,' declare to be a publicoffice;

"public records" means papers, documents, records,registers, printed materials, books, maps, plans.drawings, photographs. microfilms, cinematographlilms and sound recordings of any kind whatsoever. produced or received by any public officein the transaction of official business, or by anyofficer in the course of his official duties, andincludes current records, intermediate records andpublic archives;

3. There shall be established a National Archives andRecords Centre. in which public records shall be stored andpreserved.



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CAP. 310 567

4.-(1) The Minister shall appoint a Director of NationalArchives and Records who-

(a) shall direct, manage and control the Centre;

(b) shall examine the public records in any public officeand advise the office as to their care and custody;

(c) shall preserve, describe and arrange all publicarchives;

(d) shall accept, store and preserve any public recordstransferred to the Centre;

(e) shall conduct a records management programmefor the efficient creation, utilization, maintenance. retention, preservation and disposal ofpublic records;

(f) shall, at the request of any administrative head ofa public office. return any public records transferred from that office to the Centre for suchperiod as may be agreed upon and subject tosuch conditions as the Director may prescribe:

(g) shall publish such guides. inventories and otherpublications as are required from time to timeto ma"e known the holdings of the Centre;

(h) may, if in his opinion it is necessary for their betterpreservation. bind or repair any public recordsthat have been transferred to the Centre;

(i) may, subject to the terms and conditions, if any. onwhich they were acquired, reproduce or publishany public archives;

(j) may make available for inspection. for the purposeof reference or research. any public archives;

(k) may acquire by purchase, donation, bequest orotherwise any document, book or other materialwhich in the opinion of the Director is or islikely to be of enduring or historical value; and

(/) may perform such other functions as are necessaryfor the purpose of the direction, management andcontrol of the Centre.

(2) The provisions of paragraph (f) of subsection (I) ofthis section shall not be taken to require the Director toreturn any public records the condition of which does notwarrant their removal out of the Centre.

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Appointment ufDirector.

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568 CAP. 310 N mional A rclli ves amiRecords Cemre

jr,lrI,

t·.if.,. Establishment 01

an Archi\'es andRecordsCommiuee.

Appointment ofOfiiCCf:i.

Transferof public recordsanu intermediatepuhlic records.

Return of illegallyremoved publicrecords.

Destruction ordisposal of public

. records only onauthority ofDi rector.

(3) Nothing in this section shall be deemed to authorisethe Director to inspect the contents of any public recordsthat are classified as secret or confidential, except with theconsent of the administrative head of the public office havingthe custody thereof.

5.-(1) There shall be established an Archives and RecordsCommittee consisting of the Director as chairman and fiveother members to be appointed by the Minister.

(2) A member of the Committee holds office for suchtime as the Minister may direct and shall receive noremuneration for his services.

(3) The function of the Committee is to advise the Directoron the carrying out of his functions under this Act.

(4) Three members of the Committee form a quorum.

(5) The Committee shall determine its own procedure.

6. The Minister may from time to time appoint suchofficers as are necessary to assist the Director in the carrying out of his functions under this Act.

7.-(1) Any public records which are more than twentyfive years old and any intermediate public records which inthe opinion of the Director are of sufficient value to warranttheir preservation shall be transferred to the Centre.

(2) It shall be lawful for the Director to defer the transferof any public records to the Centre where he is satisfied thatby reason of the nature of the records their immediatetransfer would unduly prejudice the administration of anypublic service or would not be in the public interest.

8. The Director shall demand in 'writing and take stepsfor the return of any public records belonging to theGove.rnment that have been illegally removed from officialcustody.

9.-(1) No person shall without the authorisation of theDirector under subsection (4) of this section, destroy orotherwise dispose of, or authorise the destruction or disposalof, any public records which are in his possession or underhis control.

(2) Any person intending to destroy or dispose of or toauthorise the destruction or disposal of any public recordsshall first notify the Director of that intention and shallin his notification specify the nature of the public recordsin question.

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CAP. 310 569

to authoriseJblic records:ept with theoffice havino

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md Recordslan and fiver.ce for suchreceive no

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an twenty[s which into warranttre.he transfertisfied thatimmediateon of any·est.

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(3) The Director may inspect any public records specifiedin any notification under subsection (2) of this section andshall if he requires those records to be made available tohim, inform the person making the notification of thatrequirement, and the public records shall be made availableto the Director.

(4) The Director may authorise the destruction of anyspecified classes of public records which-

(a) by r"ason of their number, kind or routine naturedo not in his opinion possess any enduring valuefor preservation as public archives; and

(h) are not required for reference purposes in anypublic office after action on them is completedor after the expiration of such period of yearsfrom the date on which action on them is completed as may be agreed upon between theDirector and the administrative head of thutpublic office.

10.-(1) No person, who is not an officer of the Centre, I"srecti"" Ilfmay inspect any public records. other than public archives, public «CIl'US.

which have been transferred to the Centre without thewritten authority of the Director.

(2) Any person may, for the purpose of reference orresearch, inspect any public archives made available tothe public subject to-

(a) any conditions or restrictions imposed by the office,officer or person from whom they were acquired;and

(b) such conditions as the Director may consider neceosary for their preservation.

(3) The Centre shall be open for the inspection of publicrecords during such hours as may be fixed by the Directorwith the approval of the Minister.

11. Any copy of a public record which is certified by the Certifieu CDry ofDirector as a true copy of the original document shall be pllblic recorus.

admissible in a court of law.

12.-(1) The Director may from time to time deleoate in Delegation of

writing subject to such conditions as he may specify, ~1ny of Dim".rs pllwers.

his powers under this Act. and any person to Whom thosepowers are delegated may exercise those powers in the samemanner and with the same effect as if they had been con-ferred on him by this Act.

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570 . CAP. 310 National Archives andRecords Centre

Reproduction ofpublic records.

Prohibition ofexport of publicrecords, etc.

Regulations.

(2) Every person purporting to act pursuant to any delegation under this section shall, in the absence of proof to thecontrary, be presumed to be acting in accordance with theterms of the delegation.

(3) Any delegation under this section may be made to aperson or class of persons by name or office.

(4) Every delegation under this section may be revokedby the Director at any time, and such delegation does notprevent the Director from exercising the powers delegated.

13.-(1) No person shall publish or reproduce the wholeor any part of the contents of any public records whichhave been transferred to the Centre except with the writtenconsent of the Director and in accordance with such conditions as may be imposed by the Director or the personfrom whom they were acquired.

(2) Nothing in this section shall be construed as affectingor extending the law relating to copyright.

14. No person shall-(a) without the written permission of the Director take

or send out of Singapore any public record;(b) write on, mark, inscribe or otherwise deface any

public record; or(c) mutilate, excise or otherwis:: damage any public

record.

15.-(1) The Minister may make regulations for anymatter which may be prescribed under this Act and generallyfor the better carrying out of the objects and purposes ofthis Act.

(2) Without prejudice to the generality of the provisionsof subsection (I) of this section, the regulations may-

(a) prescribe the fees to be charged by the Director forthe certifying of copies of any public recordsand for the supply of copies of public records inthe Centre; and

(b) provide for the exemption from the payment, inwhole or in part, of any fees for the making andcertifying of copies of any public records orpublic archives in the Centre.

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CAP. 310 571

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16. Any person who contravenes any of the provIsions Penalties.

of this Act is guilty of an offence and is liable on convictionto a fine not exceeding two thousand dollars or to imprison-ment for a term not exceeding one year or to both such fineand imprisonment.

17.-(1) The Director shall as soon as practicable in each Annual report.

year cause to be made and transmitted to the Minister d

report dealing with the activities of the Centre during thepreceding year.

(2) The Minister shall cause a copy of every such reportto be presented to Parliament.

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