CHAPTER 309
RECORDS AND ARCHIVES MANAGEMENT ACT

[PRINCIPAL LEGISLATION]

ARRANGEMENT OF SECTIONS

   Section

Title

PART I
PRELIMINARY PROVISIONS

   1.   Short title.

   2.   Interpretation.

   3.   Application.

   4.   Reckoning of time.

PART II
RECORDS AND ARCHIVES
MANAGEMENT DEPARTMENT

   5.   Establishment of Department.

   6.   Functions of the Department.

   7.   The Records and Archives Management Advisory Board.

   8.   The Director.

PART III
RESPONSIBILITIES FOR PUBLIC RECORDS AND ARCHIVES

   9.   Responsibility of heads of public and parastatal offices for records.

   10.   Responsibility of heads of public and parastatal offices for the management of semi-current records.

   11.   Responsibility of the Director for records and archives.

   12.   Responsibility of the Director for semi-current records.

   13.   Responsibility of the Director for preservation of all public records.

   14.   Records of local authorities.

   15.   Places of deposit.

PART IV
ACCESS TO PUBLIC RECORDS

   16.   Thirty years rule.

PART V
FINANCIAL PROVISIONS

   17.   Funds and resources of the Department.

   18.   Fees.

   19.   Accounts.

   20.   Annual estimates.

PART VI
OFFENCES AND PENALTIES

   21.   Removal, destruction or mutilation.

   22.   Illegal export.

PART VII
LEGAL PROVISIONS

   23.   Validity of public records.

   24.   Copyright.

PART VIII
MISCELLANEOUS PROVISIONS

   25.   Statutory deposit.

   26.   Private Records.

   27.   Export of historical documents.

   28.   Regulations.

   29.   Transitional provisions.

   30.   Deferment of transfers.

   31.   [Repeals and savings.]

SCHEDULE

CHAPTER 309
THE RECORDS AND ARCHIVES MANAGEMENT ACT

An Act to establish the Records and Archives Management Department to provide for the proper administration and better management of public records and archives throughout their life cycle, to repeal the Records (Disposal) Ordinance *, and the National Archives Act *, and for connected matters.

[1st August, 2002]
[G.N. No. 398 of 2002]

Act No. 3 of 2002

   WHEREAS it is necessary to improve the arrangements for the life-circle management of the public records and archives of the United Republic of Tanzania as an essential component of effective administration and accountable government;

   AND WHEREAS to ensure that public offices create adequate records of their actions and transactions, that those records are properly maintained for so long as there is a continuing need for them;

   AND WHEREAS that the disposal of those for which there is not further need is effected in an authorised and timely manner; and to identify and safeguard those records which are of enduring value and which should be preserved as archives and made available for public consultation;

   NOW THEREFORE BE IT ENACTED:

PART I
PRELIMINARY PROVISIONS (ss 1-4)

1.   Short title

   This Act may be cited as the Records and Archives Management Act.

2.   Interpretation

   In this Act, unless the context otherwise requires:

   "Advisory Board" means the Records and Archives Management Advisory Board;

   "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;

   "current records" means records regularly used for the conduct of the current business of an institution or individual;

   "Department" means the Records and Archives Management Department established under section 5 of this Act;

   "Director" means the Director of the Records and Archives Management Department;

   "heads of public offices" means ministers or other persons responsible for directing public offices;

   "Minister" means the Minister responsible for the Records and Archives Management;

   "National Archives" means the archival repository in which archives of the central institutions of the United Republic of Tanzania are preserved and made available for consultation;

   "non-current records" means records no longer needed for current business;

   "place of deposit" means a place appointed as such under section 15 of this Act;

   "private records" means records other than public records specified in the Schedule to this Act;

   "public office" means any institution, body or individual which creates, receives or maintains public records;

   "public records" means the records specified in the Schedule to this Act;

   "records" means recorded information regardless of form or medium created, received and maintained by any institution or individual in the pursuance of 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 designated for the low-cost storage, maintenance and communication of semi-current records pending their eventual disposal;

   "retention and disposal schedule" means a document describing the recurring records of an institution or an administrative unit thereof, specifying which records should be preserved permanently as having enduring values as archives and authorising on a continuing basis and after the lapse of 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; for the purposes of this Act files and other assemblies of records on which no action has been recorded for three years shall be regarded as semi-current records.

3.   Application

   This Act shall extend to Tanzania Zanzibar in relation to records of the Government, Parliament and Court of Appeal of the United Republic.

4.   Reckoning of time

   (1) Any period of time specified by this Act shall run from the first day of January in the next year after that in which the records were created.

   (2) Where records created on different dates are for administrative purposes kept together on one file or other assembly all the records on that file or assembly shall be treated for the purposes of this Act as having been created when the latest of those records was created.

PART II
RECORDS AND ARCHIVES MANAGEMENT DEPARTMENT (ss 5-8)

5.   Establishment of Department

   (1) There is hereby established a Records and Archives Management Department (hereinafter referred to as "the Department") for the United Republic of Tanzania.

   (2) The Records and Archives Management Department shall have an official seal of a design approved by the Minister.

   (3) The Seal of the Department shall be kept in the custody of the Director and may be used for the purposes of the Department and for the purposes of any place of deposit for which no separate seal is provided.

   (4) The official seal of the Records and Archives Management Department and any seal provided under this Act for the purposes of any place of deposit shall be judicially noticed.

   (5) The Department shall be responsible to the Minister, who shall be advised by the Records and Archives Management Advisory Board (hereafter referred to as "the Advisory Board").

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