National Records and Archives Act, 2001
Act 12 of 2001
- Published in Uganda Gazette no. 36 on 15 June 2001
- Assented to on 7 June 2001
- Commenced on 15 June 2001
- [This is the version of this document from 15 June 2001.]
Part I – Preliminary
1. Short titleThis Act may be cited as the National Records and Archives Act, 2001.
2. InterpretationIn this Act, unless the context otherwise requires—“Advisory Committee” means the National Records and Archives Agency Advisory Committee established by section 6;“Agency” means the National Records and Archives Agency established by section 4;“archival repository” means a building or part of a building in which archives are preserved and made available for consultation;“archives” means records of enduring value selected for permanent preservation;“competent authority” means for the purpose of section 17 (2) a person authorised to downgrade or declassify classified records the sensitivity of which has reduced or expired;“currency point” has the meaning assigned to it in the First Schedule to this Act;“current records” means records regularly used for the conduct of the current business of an institution or individual;“Director” means the Director of the National Records and Archives Agency;“heads of organs of State” means the Ministers or other persons responsible for directing organs of State;“local governments” means local governments established under subsections (2) to (5) of section 4 of the Local Governments Act;“Minister” means the Minister responsible for the administration of this Act;“National Archives” means the principal archival repository in which the public archives of Uganda are preserved and made available for consultation:“organ of State” means any institution, body or office established by or under the Constitution;“place of deposit” means a place appointed as such under section 16 of this Act;“private records and archives” means records and archives other than public records and archives as defined in this Act;“public archives” means public records of enduring value selected for permanent preservation;“public records” means records of an official nature belonging to the Republic of Uganda—(i)created, received and maintained in any past, present or future organ of State;(ii)created, received and maintained in any past, present or future public corporation or parastatal organisation;(iii)created, received and maintained in any past, present or future local government;(iv)in the custody of the Government Archivist at the time of coming into operation of this Act;(v)declared to be public records by the Minister by regulations under section 31 of this Act;“records” means recorded information regardless of form or medium created, received and maintained by any institution or individual under its legal obligations or in the transaction of its business and providing evidence of the performance of those obligations or that business;“records centre” means a building or part of a building designated for the storage and provision of official access to semi-current records pending their eventual disposal;“registry” means the place where current records are managed and maintained;“retention and disposal schedule” means a document describing the recurring records of an institution or an administrative unit of that institution, specifying which records should be preserved permanently as having enduring value as archives and authorising on a continuing basis and after the lapse of prescribed retention periods or the occurrence of specified actions or events, the disposal by destruction or other means of the remaining records:“semi-current records” means records required only infrequently for the conduct of current business and for the purposes of this Act, files and other assemblies of records on which no action has been recorded for five years shall be regarded as semi-current records.
3. Reckoning of time
Part II – Establishment and functions of a National Records and Archives Agency
4. Establishment of a National Records and Archives Agency
5. Functions of the National Records and Archives AgencyThe functions of the Agency are—
6. National Records and Archives Agency Advisory Committee
Part III – Responsibilities of the creators of public records for their proper management
7. Current recordsHeads of organs of State shall be responsible for creating and maintaining adequate documentation of the functions and activities of their respective institutions through the establishment of good records keeping practices, including—
8. Semi-current recordsHeads of organs of State shall be responsible for co-operation with the Director in the management of semi-current records and in particular for—
9. Public corporations and parastatal organisationsIn respect of public records created, received and maintained by public corporations and parastatal organisations the responsibilities set out in sections 7 and 8 of this Act shall be those of the Chairpersons of the Boards of those corporations or organisations.
10. Abolition or privatisationWhere any organ of State, public corporation or parastatal organisation is to be abolished or privatised, the head of that institution shall transmit to the Director a detailed list of all public records and archives in that institution, and shall transfer to a records centre or to an archival repository under the control of the Director those records that the Director may select for continuing retention or permanent preservation.
Part IV – Responsibilities of the Director for the management of public records and archives
11. Current recordsThe Director shall be responsible for the co-ordination of records management work in organs of State, with powers of inspection, and in particular for—
12. Semi-current recordsThe Director shall accept custody of semi-current records which have been scheduled for further retention and shall in particular—
14. Private records
Part V – Local government records and access to archives
15. Local governments records and archives
16. Other places of deposit for public archives
17. Access to public archives
19. Legal validity
20. Official publicationsEach organ of State shall deposit in the National Archives a copy of every publication which it issues, whether for sale or otherwise.
21. Export of historical documents
22. Penalty for removal, destruction or mutilation of public records and archives
23. Illegal export of historical documents
Part VI – Financial provisions
24. FundsThe funds of the Agency consist of—
29. Financial year of the AgencyThe financial year of the Agency shall, in respect of the first accounting period be the period starting from the date of commencement of this Act and ending on the 30th June the following year, and in respect of any subsequent accounting period shall be the period of twelve months ending on the 30th June.
Part VII – General
30. Annual report
31. RegulationsThe Minister may and on the advice of the Advisory Committee make regulations for giving full effect to the provisions of this Act.
32. Power of Minister to amend SchedulesThe Minister may, with the consent of the Cabinet, amend the Schedules to this Act by statutory instrument.
33. RepealThe Records (Disposal) Act, and any rules made under re repealed.
History of this document
15 June 2001 this version
Published in Uganda Gazette number 36
07 June 2001