RECORDS AND ARCHIVES MANAGEMENT ACT

"prescribed" in relation to forms means the forms prescribed in the First Schedule to these Regulations and in relation to fees means the fees prescribed in the Second Schedule to these Regulations;

"public archives" means the Public Archives to which members of the public have a right of access or which may from time to time be available for public inspection under the provisions of section 12 of the Act.

PART I
PUBLIC ARCHIVES HELD IN THE NATIONAL ARCHIVES (regs 3-8)

3. Interpretation in Part I

In this Part, unless the context requires otherwise, "the National Archives" shall not include a place of deposit.

4. Search room

There shall be a search room in the premises of the National Archives which shall be open to the public on the days and during the times which the Director may direct.

5. Access to public archives granted only in search room

No public archive held in the National Archives shall be made available to any member of the public for inspection except in the search room.

6. Admission to search room

No member of the public shall be admitted to the search room unless–

(a) he has been authorised in writing by the Minister, the Director or the officer in charge of the search room; or

(b) he is a holder of a permit issued to him in accordance with regulation 7 authorising his admission to the search room.

7. Permits

(1) Application for a permit shall be made to the Director.

(2) On receipt of the application made under paragraph (1) the Director shall issue to the applicant a permit in the prescribedform *:

Provided that where any permit previously issued to the applicant was revoked in accordance with regulation 8 the Director may refuse to issue him another permit.

(3) Every permit issued under this regulation shall be valid for any period, not exceeding three years from the date of its issue, which may be specified on it.

8. Revocation of permit

The Director may revoke a permit or written authority issued to any person for admission to the search room where that person misconducts himself or fails to comply with any direction lawfully given by the Director.

PART II
PUBLIC ARCHIVES HELD IN PLACES OF DEPOSIT (regs 9-10)

9. Access to public archives in places of deposit

No public archive held in a place of deposit shall be made available for inspection to any member of the public unless he is a holder of a letter of authority issued in accordance with regulation 10.

10. Letter of authority

(1) An application for a letter of authority shall be made to the Director or the custodian of the place of deposit where the archive is held.

(2) On receipt of the application the Director or the custodian shall issue a letter of authority in the prescribed form *.

(3) Every letter of authority issued under this regulation shall be valid for the the period, not exceeding six months from the date of its issue, which may be specified and in respect of any public archive which may be described in it.

PART III
MISCELLANEOUS PROVISIONS (regs 11-14)

11. Public archives to which public has right of access

Nothing in these Regulations shall be deemed to authorise the Director or a custodian to refuse any member of the public inspection of any public archive to which members of the public had access before its transfer to the National Archives.

12. Making of photographic copy

No member of the public who is allowed access to any public archive shall make any photographic copy of the archive without the written permission of the Minister or the Director.

13. Offences

Any member of the public who–

(a) enters the search room without a valid permit or a written authority and refuses to move out of the search room on being requested to do so by the Director or the officer in charge of the search room;

(b) in the case of a public archive held in National Archives, removes the same from the search room without the authority of the Director or the officer in charge of the search room;

(d) wilfully destroys, damages, defaces or handles in a manner likely to cause damage or defacement to any public archive,

commits an offence and upon conviction is liable on conviction to a fine not exceeding five hundred shillings.

14. Fees

(1) The fees specified in the Second Schedule to these regulations shall be payable in respect of the several services mentioned in it.

(2) Notwithstanding the fees prescribed for supplying copies of any public archive the Director may make available for sale to the public photographic copies of any public archives of historical or general interest at any prices which he may decide.

FIRST SCHEDULE
FORMS

(Regulation 2)

FORM 1
THE NATIONAL ARCHIVES SEARCH-ROOM PERMIT

This permit is issued to .................................................................................................
	(name)
.................................................... and shall expire on ......................................................
Date .....................................	............................................................ Director

FORM 2
LETTER OF AUTHORITY

........................................................................................................................................ of .................................................................................................................................... (name of the person to whom issued)
............................................................................................ is hereby authorised to inspect the ................................................................................................................... (address) following public archives held at ..........................................................................................: (description of place of deposit) ........................................................................................... ......................................................................................................................................... .........................................................................................................................................
(Describe public archives in respect of which letter issued)
Date ........................................	............................................................... Director/Custodian

SECOND SCHEDULE
FEES

(Regulation 14(1))

(Section 14(i))

	Shs. Cts.
1. For supplying a typewritten copy of any public archive–
(a) for the first 100 words or part of them	1 00
(b) for every subsequent 100 words or part of them	75
2. For supplying a photostat or duostat copy of any public archive, for a copy of a folio	2 50
3. (a) For authentication of any typewritten copy of a public archive–
(i) for the first 100 words or part of them {mprestriction ids="1,2,3"}	10 00
(ii) for each subsequent 100 words or part of them	5 00
(b) For authentication of any photographic copy of any public archive–
(i) where the copy has been made by or under the supervision of any employee of the National Archives or a custodian for the copy of the archive	10 00
(ii) in any other case	same fee as in (a) above.

THE ADMINISTRATOR-GENERAL (OFFICIAL RECEIVER) (PRESERVATION AND DISPOSAL OF RECORDS) REGULATIONS

G.Ns. Nos.
163 of 1967
164 of 1967

1. These Regulations may be cited as the Administrator-General (Official Receiver) (Preservation and Disposal of Records) Regulations.

2. All Records in the office of the Administrator-General falling within the following categories are hereby classified for the purpose of the National Archives Act, as Public Archives–

Registers of the Official Receiver including general correspondence, policy files, general and statistical reports and publications relating to the Official Receiver's business.

3. The Public Archives classified under regulation 2, shall be disposed of or preserved as the case may be, in accordance with the Schedule to these Regulations.

4. In the case of registers of the Official Receiver, any destruction of any such Public Archive shall be subject to any directions or orders that may from time to time be made by the court.

SCHEDULE

Type of Records	Disposal	Preservation
1. Registers of Bankruptcies	Transfer at convenient intervals	P.
2. Registers of liquidations	Transfer at convenient intervals	P.
3. Bankruptcy Proceedings:
Files:
(a) Court Proceedings ) (b) Assets ) (c) Book Debts ) (d) Claims ) (e) Others )	Transfer to Records Centre one year after release of trustees has been granted	D. 12 years from the discharge or death of the bankrupt or 20 years after the date of receiving order
4. Bankrupts' Books of Accounts, etc., lodged with the Official Receiver by the bankrupt	Transfer to Records Centre on release of trustee in bankruptcy	D. Seven years from discharge or death of the bankrupt or 20 years after the date of receiving order.
5. Liquidation Proceedings:
Files:
(a) Court Proceedings ) (b) Assets ) (c) Book Debts ) (d) Claims ) (e) Others (odd files) )	Transfer to Records Centre one year after dissolution of the company.	D. Seven years from dissolution of the company.
6. Records of Companies in liquidation lodged with the Official Receiver as Liquidator	Transfer to Records Centre on dissolution of the Company	D. Seven years from dissolution of the company.
Notes:
P. – Classified as for permanent preservation as Public Archives. D. – Classified as fit for destruction after time indicated.

THE NATIONAL PROVIDENT FUND (PRESERVATION AND DISPOSAL OF RECORDS) REGULATIONS

G.N. No. 164 of 1967

1. These Regulations may be cited as the National Provident Fund (Preservation and Disposal of Records) Regulations.

2. All National Provident Fund records which fall within the following categories are hereby classified for the purpose of the National Archives Act, as Public Archives–

(a) General policy and Correspondence files (subject to review).

(b) Statistical and general report and publications.

3. The Public Archives classified under regulation 2 shall be disposed of or preserved as the case may be, in accordance with the Schedule to these Regulations.

SCHEDULE

Type of Records	Disposal	Preservation
1. Departmental Records (Registry):
(a) Policy and Correspondence files by subject	To Records Centre one year after closure	1 P. (After review of individual files).
(b) Personal Files	To Records Centre one year after termination of service	2 D. 10 years.
(c) Regulations and Instructions	To Records Centre; convenient intervals	3 P.
2. Financial Records:
(a) Computer printouts (employers' master file)	To Records Centre at convenient intervals	4 P.
(b) Computer printouts (current)	Retain in N.P.F. office for six months	5 D. Six months after audit.
(c) Accounts files containing N.P.F. 15, etc.	To Records Centre one year after audit (the end of financial year)	6 D. 7 years.
(d) Annual statement to members	To Records Centre six months after date of issue	7 D. 7 years.
3. Records relating to Members of the fund:
(a) Member's Records Cards (N.P.F.3)	Retain in N.P.F.	8 Provisionally P., subject to review - possible use of microfilm.
(b) Benefit files	To Records Centre three years after closure of membership	9 D. 5 years
10 P. Sample periods including 1st 2 years; subject to statistics being abstracted.
4. Records relating to employers (see also 2(a) and 5(a)):
(a) Employers' files	To Records Centre three years after closure	11 D. 5 years. 12 P. Sample periods including first 2 years; subject to statistics being abstracted.
5. Compliance Records (see also 1(c) and 4(a)):		13 P.
(a) Reports of compliance officers	To Records Centre at convenient intervals

RULES

THE RECORDS (DISPOSAL) RULES

G.N. No. 314 of 1964

1. Short title

These Rules may be cited as the Records (Disposal) Rules.

2. Interpretation

In these Rules, unless the context requires otherwise–

"authorising officer" means–

(a) in relation to the records of the High Court, courts of resident magistrates and district courts and to the Administrator-General and the Official Receiver, the Chief Justice;

(b) in relation to the records of a primary court, the magistrate in charge of the district court having appellate jurisdiction over the primary court;

"disposal" means disposal in the manner prescribed by rule 6, and "disposed of" shall be construed accordingly;

"officer responsible" means–

(a) in relation to registry of the Court of Appeal of Tanzania or of the High Court, the Registrar;

(b) in relation to a magistrate's court, the magistrate in charge;

(d) the Official Receiver;

"Registrar" means the Registrar of the Court of Appeal of Tanzania, the Registrar of the High Court and includes any Deputy or District Registrar;

"records" means case files, books and papers but excludes the exhibits produced in a case.

3. Orders for disposal

(1) The authorising officer may, on the application of an officer responsible or of his own motion, order the disposal of any of the records specified in the First Schedule which may be in the custody of the officer responsible:

Provided that no record shall be disposed of–

(i) which may be required for the trial of any person or for an appeal from any conviction;

(ii) until the time specified in the third column of the First Schedule for records of that kind has expired; and

(iii) as regards the record of any court case, until the officer responsible has satisfied himself that the particulars of the proceedings have been correctly entered in the register of cases.

(2) An order under this rule for the disposal of records of a primary court shall bein Form 1 prescribed in the Second Schedule and one copy of that order shall be sent by the officer responsible to the Registrar at Dar es Salaam.

4. Applications for orders

An application for an order for the disposal of any record shall be by letter, giving particulars of the record and the reason for its disposal.

5. Claims and objections

(1) Any person who claims that he would be prejudiced by the destruction of any record, may by letter addressed to the officer responsible request that that record be not disposed of for any time or pending any happening which may be specified, and the officer responsible shall inquire into the matter and make any order which he may consider just in the circumstances.

(2) An appeal shall lie to the High Court from any order rejecting a request made under this rule.

6. Mode of disposal

Records of which the disposal has been ordered shall either be destroyed by fire or thoroughly mutilated in the presence of the officer responsible.

7. Procedure after disposal

When the record of any court case has been disposed of, the officer responsible–

(a) shall cause the entry in the register of cases relating to it to be marked in red ink with the letter "D";

(b) shall send to the Registrar at Dar-es- Salaam a certificate of disposal in Form 2 prescribed in the Second Schedule:

Provided that where any record of a primary court has been disposed of, the certificate shall be sent to the authorising officer.

FIRST SCHEDULE
RECORDS WHICH MAY BE DISPOSED OF

(Rule 3(1))

No.	Description of records which may be disposed of	When disposal may be ordered
1.	All records rendered illegible or useless by any reason whatsoever.	At once.
2.	Records of proceedings of a civil nature–
	(a) in appeals: all documents and papers save for pleadings, proceedings and judgement;	One year from the date of final determination or, if a further appeal is brought, one year from the determination of the further appeal.
	(b) in original suits: all documents and papers save for pleadings, proceedings, judgements, decrees and orders;	Three years from the date of final determination or, if an appeal is brought, three years from final determination of appeal.
	(c) in revision and references: all documents and papers save for the order;	One year from the date of the order.
	(d) in bankruptcy proceedings: all documents and papers save for the order of adjudication and the order of discharge;	Twelve years from the date of discharge.
	(e) in matrimonial proceedings: all documents and papers save for pleadings, proceedings, judgement, decrees and orders;	Three years from the final determination of the cause.
	(f) in probate and administration causes: all papers save for the petition and supporting documents, certified copies of grants, inventories and accounts;	Three years from the date of filing of the final account.
	(g) in winding-up proceedings under the Companies Act: all books of account and other books, papers and documents of the company lodged with the court;	Twenty years from the date of the winding-up order.
	(h) in all other proceedings.	Twelve years from the date of judgment or where there has been an appeal, a revision or reference, twelve years from the date of the final judgement or order.
3.	Records of proceedings of a criminal nature, original, appellate and revisional, other than proceedings in which a death sentence has been passed.	In cases where no sentence of imprisonment has been passed, five years from the date of judgement; or where there has been an appeal or revision, the date of the final order; in cases where a sentence of imprisonment has been passed, five years from the date of the completion of the sentence.
4.	Death reports, miscellaneous police reports, and reports of railway accidents.	Five years from the date when that report is lodged in court.
5.	Bespeak books, registers for drawing decrees and references to archives.	One year from the date of the last entry, if audited.
6.	Returns of cases and of unpaid fines from lower courts.	Three years from the last day of the period which the return covers.
7.	Books of account lodged in court in connection with bankruptcy proceedings where a discharge has been granted to the bankrupt.	Three years after the date of discharge.
8.	All correspondence relating to–	Three years from the date of the correspondence.
	(i) dates of trial;
	(ii) service of summonses and notices;
	(iii) execution of warrants;
	(iv) transfer of proceedings;
	(v) attendance of witnesses and assessors;
	(vi) requisitions for forms; and
	(vii) other correspondence of like nature.
9.	Books of account and miscellaneous papers other than official records in the custody of the Administrator-General relating to estates of deceased persons which have been distributed and of which the accounts have been audited.	Three years from the date of the audit.
10.	Copy letter books in the custody of the Administrator-General.	Ten years from the date of the audit.
11.	Books of account lodged with the Official Receiver in connection with bankruptcy proceedings–
	(a) where a discharge has been granted to the bankrupt;	Immediately after the release of the trustee in bankruptcy.
	(b) where no discharge has been granted to the bankrupt.	Five years from the date of the receiving order.

SECOND SCHEDULE
FORMS

FORM 1
ORDER FOR DISPOSAL

THE RECORDS (DISPOSAL) RULES

(Rule 3(2))

It is hereby ordered that the following records of the Primary Court of ................................. at ................................................. be disposed of in the manner provided for in the Records (Disposal) Rules.
Nature of Proceeding	Number of Proceeding	Year
Date .................................	................................................................ (Signature and designation of the person making the orders)

FORM 2
CERTIFICATE OF DISPOSAL

THE RECORDS (DISPOSAL) RULES

(Rule 7)

I, ................................................................................................................................ being the ...................................................................................................................... 1 do hereby certify that on the ......................... day of ......................... 20........ the records described in the Schedule hereto were destroyed in my presence by fire/mutilation 2.
3 Nature of Proceeding	Number of Proceeding	Year

Date .................................	..................................................................... (Signature of person signing the certificate)

THE NATIONAL ARCHIVES SEARCH-ROOM RULES

G.Ns. Nos.
79 of 1966
251 of 1966

1. These Rules may be cited as the National Archives Search-Room Rules.

2. Admittance to the Search-Room by any member of the Public shall be in accordance with regulation 6 of the National Archives (Access to Public Archives) Regulations *.

3. Any member of the public wishing to use the Search-Room shall be required to apply for a permit to the Director of the National Archives, in writing or on the form supplied by the Director.

4. Director of National Archives may require the application for a permit submitted by any applicant to be sponsored by a recognised body or institution or by any Tanzanian citizen or may require the applicant to give the name of a Tanzanian citizen who will vouch the bona fides of the applicant.

5. The Search-Room shall be open to the Public on the days of the week and during the times indicated below–

Monday to Friday	7.30 a.m. to 2.30 p.m.
Saturdays	7.30 a.m. to 12.30 p.m.

6. Every member of the public shall before using the Search-Room sign an Attendance Register provided for the purpose.

7. Every member of the public shall complete and sign a separate requisition for each document to be produced to him.

8. No member of the public shall, except with the express permission of the officer in charge of the Search-Room, be allowed to have produced to him at any time more than five documents from the Public Archives.

9. Every member of the public shall, before the closing hour, return to the officer in charge of the Search-Room the document produced to him.

10. Members of the public may consult the hand-lists and indices kept at the Search-Room.

11. The Director or the Officer in charge of the Search-Room may at his discretion refuse to have produced any record or document which is in his view either not open to public inspection or is under classification or is in a fragile condition.

12. Use of photocopying facilities may be applied for to the Director or the officer in charge of the Search-Room who may charge any fees for services which are specified in the Regulations.

13. Members of the public shall be required to return all documents and unbound papers produced to them in the same condition as they were delivered to them and where any member of the public finds any public archive in disorder he shall immediately bring the fact to the notice of the officer in charge of the Search-Room who will take the necessary action.

14. No member of the public shall carry out tracing of any document without the express permission of the officer in charge of the Search-Room and no member of the public shall be allowed to make any mark upon any of the documents produced to him nor shall it be permissible for any member of the public to lay upon any of the Archives produced to him any paper to be used for the purpose of writing.

15. Members of the public are required to keep all files in a tidy condition and to handle them in such a manner so as not to allow tapes or binders to cut into papers.

16. No member of the public shall use typewriters or tape recorders in the Search-Room except with the express permission of the officer in charge of the Search-Room.

17. Any member of the public who wishes to publish any of the public Archives or to use materials from the Archives in any book or article or other publication shall first obtain the permission of the Director of the National Archives who may require him to give an undertaking that he shall make a suitable acknowledgement in his book, article or publication and shall append to it a short reference as to the source of the relevant quotations. The Director may also require that person to deliver one copy of the published work to the National Archives.

18. Every member of the public shall maintain silence in the Search-Room so as not to cause any disturbance to other members of the public using the Search-Room. {/mprestriction}

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