CHAPTER 175
NATIONAL ARCHIVES ACT

Arrangement of Sections

   Section

PART I
PRELIMINARY

   1.   Short title

   2.   Interpretation

PART II
NATIONAL ARCHIVES AND PLACES OF DEPOSIT

   3.   Establishment of National Archives of Zambia

   4.   Other places of deposit

PART III
DIRECTOR OF NATIONAL ARCHIVES AND CUSTODIANS OF PLACES OF DEPOSIT

   5.   Director of National Archives of Zambia

   6.   Custodians of places of deposit and powers of Director in respect of such places

   7.   Seals

   8.   Secrecy

PART IV
SELECTION OF AND ACCESS TO PUBLIC ARCHIVES

   9.   Selection and preservation of public records and transfer to National Archives

   10.   Destruction of archives and public records

   11.   Access to public archives

   12.   Inspection of public archives

PART V
EXPORTATION AND REMOVAL OF ARCHIVES AND OTHER DOCUMENTS

   13.   Restriction of exportation of or unauthorised removal of public archives and public records

   14.   Declaration of historical records

PART VI
VALIDITY, EVIDENCE AND COPYRIGHT

   15.   Legal validity of public records

   16.   Authentication of copies

   17.   Copyright

   18.   Reproduction of public archives

PART VII
MISCELLANEOUS

   19.   National Archives Advisory Council

   20.   Offences and penalties

   21.   Regulations

AN ACT

to provide for the preservation, custody, control and disposal of public archives, including public records of Zambia; and to provide for matters incidental to or connected with the foregoing.

[14th November, 1969]

Act 44 of 1969,

Act 13 of 1994.

PART I
PRELIMINARY

1. Short title

This Act may be cited as the National Archives Act.

2. Interpretation

In this Act, unless the context otherwise requires—

"Director"  means the Director of National Archives of Zambia appointed as such under the provisions of sub-section (1) of section 5;

"judicial records"  means all records of court which—

      (a)   are in the custody of any court or of any officer of any court in his capacity as such; or

      (b)   have been transferred to the National Archives of Zambia established under the provisions of this Act or any previous law;

"National Archives"  means the National Archives of Zambia established under the provisions of section 3 and includes a place of deposit;

"place of deposit"  means a place of deposit declared as such under section 4;

"previous law"  means the law relating to national archives in force within the former Protectorate of Northern Rhodesia or within the Republic prior to the commencement of this Act;

"public archives"  means—

      (a)   all public records which—

      (i)   are specified by the Director as being of enduring or historical value; and

      (ii)   have been transferred to the National Archives of Zambia established under the provisions of this Act or the previous law;

      (b)   any records, document or other material acquired for the National Archives of Zambia in terms of paragraph (h) of sub-section (2) of section 5 or in terms of similar provisions of the previous law;

"public records"  means—

      (a)   any records of the Government which—

      (i)   are in the custody of the Government; or

      (ii)   have been transferred to the National Archives of Zambia under the provisions of section 9 or under similar provisions of the previous law;

      (b)   any records of a corporation, society, association, institution or organisation which is prescribed by the Minister by Statutory Instrument and which—

      (i)   are in the custody of such corporation, society, association, institution or organisation; or

      (ii)   have been transferred to the National Archives of Zambia under the provisions of section 9;

      (c)   any judicial records;

"records"  includes papers, documents, registers, printed materials, books, maps, plans, drawings, photographs, micro-films, cinematograph films, sound recordings, photocopies, negatives and positives of pictures.

PART II
NATIONAL ARCHIVES AND PLACES OF DEPOSIT

3. Establishment of National Archives of Zambia

There is hereby established the National Archives of Zambia wherein shall be stored and preserved public archives other than those which are to be kept in some other place of deposit under the provisions of this Act.

4. Other places of deposit

   (1) If it appears to the Minister that facilities exist for the safe-keeping and preservation of public records and their inspection by the public in some place other than the National Archives and that convenience so requires, he may, with the agreement of the authority responsible for that place, declare by Statutory Instrument that place to be a place of deposit for public records of a particular category or particular categories.

   (2) Where the Minister declares any place to be a place of deposit for any category or categories of public records, such records of such category or categories which are selected for preservation shall be transferred to and preserved in that place of deposit in lieu of the National Archives and, in relation to such records, the provisions of this Act shall have effect accordingly.

PART III
DIRECTOR OF NATIONAL ARCHIVES AND CUSTODIANS OF PLACES OF DEPOSIT