Malaysia legislation

Section 2

of NATIONAL ARCHIVES ACT 2003

Section 2

Interpretation

(1)

In this Act, unless the context otherwise requires—

“archives” means records which are preserved for their permanent and enduring national or historical value or both;

“public archives” means—

(a)

public records—

(i)

which are specified by the Director General as being of permanent and enduring national or historical value or both; and

(ii)

which have been transferred to the National Archives or such other place as the Director General may from time to time direct; and

(b)

any private records or other material which are specified by the Director General as being of permanent and enduring national or historical value or both acquired for the National

Archives by the Director General;

“memorial archives” means an institution operated by the National

Archives to house, conserve and exhibit any historical materials to commemorate an event or a person or other aspects of history and the archives housed therein;

“ministerial archives” means materials pertaining to any Ministers of the Federal Government and preserved for purposes of research and understanding the policies and actions that had been implemented;

“National Archives” means the National Archives of Malaysia established under section 4;

“reproduction” means an exact copy of a record in content and form but not necessarily in size and appearance;

“Director General” means the Director General of National

Archives appointed under section 5;

“Board” means the Advisory Board established under section 11;

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“proper officer” means an archivist who performs duties on behalf of the Director General in the management of records and administration of archives;

“public office” means an office of the Federal Government or the Government of any State or an office of any local authority, statutory authority or Government enterprise;

“public officer” means a person holding office or employment in any of the public services;

“disposal” means the manner of managing the segregation of records with a view to destruction, transfer or otherwise;

“enlargement” means a reproduction larger than the original or the interim which is used to make the reproduction;

“preservation” means the totality of processes and operations involved in the physical protection of public records and archives against damage or deterioration and in the restoration or repair of such records and archives;

“acquisition” means to acquire by way of transfer, purchase, donation, bequest, gift or otherwise;

“destruction” means the act of destroying or eliminating any type of records by any means;

“public service” means—

(a)

any of the public services referred to in Article 132 of the Federal Constitution;

(b)

the service of any local authority; and

(c)

the service of any statutory authority exercising powers vested in it by Federal or State law;

“Government enterprise” means any enterprise the capital of which wholly or partially originates from the Federal Government or the Government of any State;

“statutory authority” means any statutory body incorporated by any written law for the purposes of the Federal Government or the

Government of any State;

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“Record Centre” means a repository, operated by National Archives for the purpose of storing, processing and servicing non-current records pending their ultimate disposal;

“Agency Record Centre” means a record centre operated by a non-archival agency of the Government and in which the

Government’s records are maintained and preserved;

“Limbo Record Centre” means a building designed and constructed for the low-cost storage, maintenance and communication of semi-current records pending their ultimate disposal;

“microfilm recording” means a reproduction of a record on film or other material which is a product of photography or any similar process and is in general not legible to the naked eye;

“records” means materials in written or other form setting out facts or events or otherwise recording information and includes papers, documents, registers, printed materials, books, maps, plans, drawings, photographs, microfilms, cinematograph films, sound recordings, electronically produced records regardless of physical form or characteristics and any copy thereof;

“public records” means records officially received or produced by any public office for the conduct of its affairs or by any public officer or employee of a public office in the course of his official duties and includes the records of any Government enterprise and also includes all records which, on the coming into operation of this Act, are in the custody or under the control of the National

Archives of Malaysia established under the National Archives Act 1966 [Act 511];

“ministerial records” means records pertaining to any Ministers of the Federal Government relating to their tenure in office, events in their official and personal lives;

“private records” means records of individuals and records of non-governmental agencies, institutions and organizations;

“classified records” means public records which are classified as official secret within the meaning of the Official Secrets Act 1972 [Act 88];

“photographic copy” means any copy of a record made by reprography;

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“concluded”, in relation to a public record, means no further action is required to be taken on that record.

(2)

For the purposes of this Act, records shall be treated as being in the custody or under the control of the National Archives if the records are in its possession by virtue of sections 28, 29,

30 and 31 or if the National Archives has power to give directions as to their custody.

(3)

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