Malaysia legislation

Section 2

of Sabah State Records And Archives Enactment 2007

Section 2

(1)

In this Enactment, unless the context otherwise requires –

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

“Agency Record Unit” means an agency record unit operated by any public office in which semi-current records of the Government of the State of Sabah are stored, maintained and preserved;

“archives officer” means an officer of the State Records and Archives who performs the duties of management of records and archives administration;

“archival value” means being of permanent and enduring national or historical value or both;

“archival” means records which are preserved for their archival value;

“Board” means the Advisory Board established under section 10;

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

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

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

“Director” means the Director of the State Records and Archives;

“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 record or the interim which is used to make the reproduction;

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

“memorial archives” means an institution operated by the State Records and

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

“microfilm recording” means a reproduction of a record on film or other materials which is a product of photography or any similar process;

“Minister” means the Minister charged with the responsibility for public records and public archives;

“ministerial archives’ means an institution operated by the State Records and

Archives to house, conserve and exhibit records of any minister of the

Government of the State of Sabah;

“non-current records” means records no longer used for the conduct of current business of a public office;

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

“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;

“private records” means records of individuals and records of any non-governmental agencies, institutions, organizations, or associations in the

State of Sabah;

“public archives” means –

(a)

public records –

(i)

which are more than twenty years old;

(ii)

which are specified by the Director as being of archival value; or

(iii)

which have been transferred to the State Records and

Archives or such other place as the Director may from time to time direct; and

(b)

any private records or other material which are specified by the

Director as being of archival value acquired for the State Records and Archives by the Director;

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

“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 Enactment, are in the custody or under the control of the State Archives established under the State Archives

Enactment 1980 [Enactment No. 9 Of 1980];

“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 film, sounds recordings, electronically produced records regardless of physical form or characteristics and any copy thereof;

“Record Centre” means a repository operated by the State Records and

Archives for the purpose of storing, processing and servicing non-current records pending their ultimate disposal;

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

“State Records and Archives” means the Sabah State Records and Archives established under section 4;

“statutory authority” means any statutory body incorporated by any written law for the purpose of the Government of the State of Sabah;

“Yang di-Pertua Negeri archives” means an institution operated by the State

Records and Archives to house, conserve and exhibit records of Yang di-Pertua Negeri of Sabah and includes the previous Yang di-Pertua Negeri,

Yang di-Pertua Negara and Governors.

(2)

For the purpose of this Enactment, records shall be treated as being in the custody or under the control of the State Records and Archives if the records are in its possession by virtue of sections 27, 28, 29 and 30 or if the State Records and 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 Enactment as having been created when the latest of those records was created.

Status of state records and archives

Read in full context — Sabah State Records And Archives Enactment 2007 →