Uganda Act or statute

Parliament of Uganda

National Records and Archives Act, 2001

This Act may be cited as the National Records and Archives Act, 2001. This section defines terms used in the Act (interpretation/definitions). Any period of time specified by this Act runs from th…

Jurisdiction: Uganda
Structure: 33 provisions
Citation: Act 12 of 2001
Dates: As at 15 Jun 2001

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Dates: As at 15 Jun 2001

Source attribution: Source: Uganda Legal Information Institute

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“This Act may be cited as the National Records and Archives Act, 2001.”

This Act may be cited as the National Records and Archives Act, 2001. This section defines terms used in the Act (interpretation/definitions). Any period of time specified by this Act runs from the first day of January in the year after the records were created. Establishes the National Records and Archives Agency (the "Agency"), requires it to be managed by a Director, makes the Director and staff public service officers appointed by appropriate appointing authorities, requires security vetting and oaths for persons accessing classified records, and provides the Agency with an official seal. The Agency must manage and preserve public records: ensure good records management across State organs, establish records centres (including one meeting standards for classified documents), set disposal and transfer procedures, and preserve and provide access to selected public archives.

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Preliminary - Short title

This Act may be cited as the National Records and Archives Act, 2001.

Section 1

Responsibilities of the creators of public records for their proper management - Semi-current records

Heads of organs of State must cooperate with the Director to manage semi-current records and perform specific tasks such as maintaining integrity, approving access, maintaining deferred records' conditions, implementing retention and disposal schedules, and…

Section 8

Local government records and access to archives - Access to public archives

Members of the public are entitled to inspect most public archives after 30 years from creation, subject to written-law restrictions and regulations that may prescribe longer or shorter closure periods; records already publicly accessib…

Section 17

Financial provisions - Fees

Fees may be charged by staff of the Agency for supplying or certifying copies and providing other services; the Minister must prescribe fees by regulations under section 31; regulations may authorise the Director to remit or reduce fees.

Section 25

General - Repeal

The Records (Disposal) Act and any rules made under it are repealed.

Section 33

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Showing 33 of 33 provisions

Provision 26Offence 2Short titleInterpretation

Part I

Preliminary

§ 1Preliminary - Short titleShort title

This Act may be cited as the National Records and Archives Act, 2001.

Section Short title Section This Act may be cited as the National Records and Archives Act, 2001.

Section 1Verify source

§ 2Preliminary - InterpretationInterpretation

This section defines terms used in the Act (interpretation/definitions).

Section Interpretation Section In this Act, unless the context otherwise requires— “ Advisory Committee ” means the National Records and Archives Agency Advisory Committee established by section 6 ; “ Agency ” means the National Records and Archives Agency established by section 4 ; “ 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; “ competent authority ” means for the purpose of section 17 (2) a person authorised to downgrade or declassify classified records the sensitivity of which has reduced or expired; “ currency point ” has the meaning assigned to it in the First Schedule to this Act; “ current records ” means records regularly used for the conduct of the current business of an institution or individual; “ Director ” means the Director of the National Records and Archives Agency ; “ heads of organs of State ” means the Ministers or other persons responsible for directing organs of State; “ local governments ” means local governments established under subsections (2) to (5) of section 4 of the Local Governments Act; “ Minister ” means the Minister responsible for the administration of this Act; “ National Archives ” means the principal archival repository in which the public archives of Uganda are preserved and made available for consultation: “ organ of State ” means any institution, body or office established by or under the Constitution; “ place of deposit ” means a place appointed as such under section 16 of this Act; “ private records and archives ” means records and archives other than public records and archives as defined in this Act; “ public archives ” means public records of enduring value selected for permanent preservation; “ public records ” means records of an official nature belonging to the Republic of Uganda— (i) created, received and maintained in any past, present or future organ of State ; (ii) created, received and maintained in any past, present or future public corporation or parastatal organisation; (iii) created, received and maintained in any past, present or future local government; (iv) in the custody of the Government Archivist at the time of coming into operation of this Act; (v) declared to be public records by the Minister by regulations under section 31 of this Act; “ records ” means recorded information regardless of form or medium created, received and maintained by any institution or individual under 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 or part of a building designated for the storage and provision of official access to semi-current records pending their eventual disposal; “ registry ” means the place where current records are managed and maintained; “ retention and disposal schedule ” means a document describing the recurring records of an institution or an administrative unit of that institution, specifying which records should be preserved permanently as having enduring value as archives and authorising on a continuing basis and after the lapse of prescribed 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 and for the purposes of this Act, files and other assemblies of records on which no action has been recorded for five years shall be regarded as semi-current records.

Section 2Verify source

§ 3Preliminary - Reckoning of timeProvision

Any period of time specified by this Act runs from the first day of January in the year after the records were created.

Section Reckoning of time Section 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. 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.

Section 3Verify source

Part II

Establishment and functions of a National Records and Archives Agency

§ 4Establishment and functions of a National Records and Archives Agency - Establishment of a National Records and Archives AgencyProvision

Establishes the National Records and Archives Agency (the "Agency"), requires it to be managed by a Director, makes the Director and staff public service officers appointed by appropriate appointing authorities, requires security vetting and oaths for persons accessing classified records, and provides the Agency with an official seal.

Section Establishment of a National Records and Archives Agency Section There is established a National Records and Archives Agency in this Act referred to as the “ Agency ”. The Agency shall be managed by a Director of Records and Archives in this Act referred to as “the Director ". The Director and the other staff of the Agency shall be officers in the public service of the Republic of Uganda and shall be appointed by the appropriate appointing authorities under the Constitution. The Director and any persons acting on his or her behalf or under his or her direction who require to have access to or custody of public records which are classified under the Official Secrets Act, shall satisfy any security requirements applicable to and take any oath of secrecy or official oath required to be taken by persons who normally have access to such public records . The Agency shall have an official seal which shall be judicially noticed.

Section 4Verify source

§ 5Establishment and functions of a National Records and Archives Agency - Functions of the National Records and Archives AgencyProvision

The Agency must manage and preserve public records: ensure good records management across State organs, establish records centres (including one meeting standards for classified documents), set disposal and transfer procedures, and preserve and provide access to selected public archives.

Section Functions of the National Records and Archives Agency Section The functions of the Agency are— to ensure that organs of State follow good practices in managing public records containing information in all media or formats, including those in electronic form; toestablish records centres for the maintenance and provision of official access to semi-current records , one of which records centres shall meet minimum standards for housing classified documents up to and including secret level; to establish and implement procedures for the timely disposal of public records of no continuing value and forthe transfer of public archives for preservation in the National Archives , in any other archival repository under the control of the Director or in a place of deposit established under section 16 of this Act; to preserve and make available for consultation, public archives selected for preservation in the National Archives or in any other archival repository under the control of the Director .

Section 5Verify source

§ 6Establishment and functions of a National Records and Archives Agency - National Records and Archives Agency Advisory CommitteeProvision

Establishes an Advisory Committee for the National Records and Archives Agency, lists its membership, assigns it responsibilities to advise the Minister and support the Director, sets terms of three years (with one re-appointment allowed), allows the Minister (with finance minister) to determine members' allowances by regulation, and provides that the Agency supplies the committee secretariat.

Section National Records and Archives Agency Advisory Committee Section The members of the Advisory Committee shall be- The Advisory Committee shall be responsible for— There shall be a National Records and Archives Agency Advisory Committee in this Act referred to as the Advisory Committee . a Chairperson appointed by the Minister ; the Director ; a Senior Finance Officer representing the Ministry responsible for finance; an officer not below the rank of Senior State Attorney representing the Ministry responsible for justice; a Senior officer of the Ministry responsible for local government; four other members appointed by the Minister who have experience and ability in records management or archival research or such other experience or qualifications that would enable them to make a useful contribution to the work of the Advisory Committee . The Chairperson and the members referred to in paragraph (f) of subsection (2) shall serve for a term of three years and shall be eligible for re-appointment for one further term. A person who has served for two terms as an appointed member shall not be precluded from being appointed as Chairperson. advising the Minister on matters relating to the appraisal and disposal, information exchange, information export, deferment of transfer of information, extended closures of records and management of public records and archives generally; supporting the Director ; any other matters specifically assigned to it by this Act or as the Minister may direct. The Second Schedule to this Act shall have effect in relation to meetings of the Advisory Committee . The Minister , in consultation with the Minister responsible for finance, may by regulation determine the allowances to be paid to the members of the Advisory Committee . The secretariat of the Advisory Committee shall be provided by the Agency .

Section 6Verify source

Part III

Responsibilities of the creators of public records for their proper management

§ 10Responsibilities of the creators of public records for their proper management - Abolition or privatisationProvision

When an organ of State, public corporation or parastatal organisation is to be abolished or privatised, the head of that institution must send the Director a detailed list of all public records and archives in the institution and must transfer to a records centre or archival repository (under the Director's control) the records that the Director may select for continued retention or permanent preservation.

Section Abolition or privatisation Section Where any organ of State, public corporation or parastatal organisation is to be abolished or privatised, the head of that institution shall transmit to the Director a detailed list of all public records and archives in that institution, and shall transfer to a records centre or to an archival repository under the control of the Director those records that the Director may select for continuing retention or permanent preservation.

Section 10Verify source

§ 7Responsibilities of the creators of public records for their proper management - Current recordsProvision

Heads of organs of State are responsible for creating and maintaining adequate documentation and records-keeping practices for their institutions, including transfer of semi-current records to the Director, nomination of a senior officer to superintend actions under the Act, creation and management of current records, and implementation of retention and disposal schedules, subject to classification exceptions on certain grounds.

Section Current records Section Heads of organs of State shall be responsible for creating and maintaining adequate documentation of the functions and activities of their respective institutions through the establishment of good records keeping practices, including— the transfer of semi-current records into the custody of the Director , except insofar as they may remain classified as secret or top secret on grounds of— the nomination of a senior officer in each organ of State to superintend the action taken there in respect of this Act; the creation and management of current records within appropriate registry systems; the implementation of retention and disposal schedules issued in accordance with section 11 (d) and (e) of this Act; national security; maintenance of public order; or safeguarding the revenue.

Section 7Verify source

§ 8Responsibilities of the creators of public records for their proper management - Semi-current recordsProvision

Section Semi-current records Section Heads of organs of State shall be responsible for co-operation with the Director in the management of semi-current records and in particular for— maintaining the integrity of all semi-current records returned temporarily under section 12 (b) of this Act; approving access, other than by authorised personnel of the Authority and of the organ of State which created them or its successor in function, or as provided for in section 16 (1) of this Act, to semi-current records in the custody of the Director; maintaining semi-current records whose transfer has been deferred under section 7 (d) of this Act in conditions comparable to those provided by the Director in records centres under his or her control; implementing retention and disposal schedules relating to semi-current records whose transfer has been deferred under section 7 (d) of this Act and transferring records of enduring value into the custody of the Director or to any other place of deposit appointed under section 16 of this Act, not later than twenty years from their creation, except insofar as further deferment of transfer for a specified period may have been approved by regulations made under section 31 of this Act.

Section 8Verify source

§ 9Responsibilities of the creators of public records for their proper management - Public corporations and parastatal organisationsProvision

The Chairpersons of the Boards of public corporations and parastatal organisations are responsible for the management responsibilities for public records created, received and maintained by those bodies as set out in sections 7 and 8.

Section Public corporations and parastatal organisations Section In respect of public records created, received and maintained by public corporations and parastatal organisations the responsibilities set out in sections 7 and 8 of this Act shall be those of the Chairpersons of the Boards of those corporations or organisations.

Section 9Verify source

Part IV

Responsibilities of the Director for the management of public records and archives

§ 11Responsibilities of the Director for the management of public records and archives - Current recordsProvision

The Director is responsible for coordinating records management in organs of State, has inspection powers, and must perform tasks including providing guidance, setting standards, training staff, preparing retention and disposal schedules (for Ministerial approval), ensuring implementation, and authorising disposal outside schedules.

Section Current records Section The Director shall be responsible for the co-ordination of records management work in organs of State, with powers of inspection, and in particular for— providing professional assistance, advice and guidance on the establishment and management of records systems; establishing and ensuring compliance with standards for the management of public records ; making arrangements for the necessary training of records staff in organs of State; drawing up general retention and disposal schedules for approval and issue by the Minister on the advice of the Advisory Committee , which schedules shall be sufficient authority for taking the action specified at the due date; agreeing with the heads of organs of State retention and disposal schedules relating to records specific to each such organ of State for approval and issue by the Minister , which schedules shall be sufficient authority for taking the action specified at the due date; ensuring that the provisions of retention and disposal schedules are implemented; authorising the disposal of public records other than as provided for by retention and disposal schedules.

Section 11Verify source

§ 12Responsibilities of the Director for the management of public records and archives - Semi-current recordsProvision

The Director must accept custody and manage semi-current records, including maintaining them in a records centre, providing secure storage and consultation facilities, returning them temporarily for current administration, implementing retention/disposal schedules, appraising and disposing records not covered by schedules, and arranging transfer of records of enduring value not later than twenty years from creation.

Section Semi-current records Section The Director shall accept custody of semi-current records which have been scheduled for further retention and shall in particular— maintain such records within a records centre andprovide in the centre— separate and secure storage accommodation for the maintenance of semi-current records which continue to be classified as confidential, secret or top secret; facilities for the consultation of semi-current records by duly authorised officers of the organ of State which created them or its successor in function. return semi-current records temporarily from his or her custody to the organ of State which created them or to its successor in function for the purposes of current administration; implement retention and disposal schedules in respect of semi-current records in his or her custody; appraise and dispose appropriately of semi-current records which are in his or her custody and are not covered by disposal schedules; arrange the transfer of records of enduring value into his or her custody as archives or to such other place of deposit appointed under section 16 of this Act, not later than twenty years from their creation; inspect and advise the Minister on the suitability of premises in which it is proposed that records whose transfer has been deferred under sections 7 (d) and 8 (d) above should be held.

Section 12Verify source

§ 13Responsibilities of the Director for the management of public records and archives - ArchivesProvision

The Director is responsible for preserving public archives (with limited exceptions) and has a range of powers to manage, provide access to, lend, dispose of and otherwise administer archives, subject in some cases to Ministerial or other consent.

Section Archives Section The Director shall be responsible for the preservation of all public archives other than any whose transfer have been deferred under section 8 (d) of this Act or which are held in a place of deposit appointed under section 16 of this Act, and shall in particular— The Director may do all such things as appear to him or her necessary or expedient for maintaining the utility of the National Archives and any other archival repository under his or her control, and may in particular— establish and take charge of the National Archives and any branch archival repositories; provide in the National Archives and in any other archival repositories under his or her control suitable conditions for the preservation and consultation of their holdings; arrange and describe those holdings and provide appropriate guides, lists, indexes and other finding aids to facilitate access to them; ensure that reasonable facilities are available to the public for inspecting and obtaining copies of public archives in the National Archives or any other archival repository under his or her control, insofar as those archives are open to inspection under section 17 of this Act; prescribe rules to be observed by those wishing to consult public archives in the National Archives or any other archival repository under his or her control; ensure that reasonable facilities are available to duly authorised officers of the organ of State which created them or its successor in function for inspecting and obtaining copies of public archives in the National Archives or any other archive repository under his or her control; return public archives in the National Archives or any other archival repository under his or her control temporarily from his or her custody to the organ of State which created them or to its successor in function for the purposes of current administration. prepare publications, and sell them and other publications or objects related to public archives ; arrange exhibitions and lend public archives for exhibitions elsewhere subject to conditions which he or she may specify; but loans outside Uganda may not be made except with the consent of the Minister on the advice of the Advisory Committee ; dispose of public archives in his or her custody if it seems to him or her that they are not of enduring value, subject to the agreement of the head of the organ of State in which they were created or its successor in function and of the Minister on the advice of the Advisory Committee ; enter into arrangements with other institutions for the joint management of conservation and restoration, reprographic or other technical facilities.

Section 13Verify source

§ 14Responsibilities of the Director for the management of public records and archives - Private recordsProvision

The Minister may acquire private records of national importance after consulting the owner and may declare them public; the Minister must pay full and fair compensation (after consulting the finance minister and in accordance with article 26), and the finance minister must determine the manner and instalments of payment after consulting the person entitled.

Section Private records Section Where it appears to the Minister that any private records , or any part of them are of national importance, and that it is in the public interest that they be acquired, he or she may, after consultation with the owner of the private records and subject to the following provisions of this section acquire them or any part of them and declare them to be public records , and thereafter the provisions of this Act relating to public records shall apply to them. The Minister shall after consultation with the Minister responsible for finance, and in accordance with article 26 of the Constitution pay full and fair compensation in respect of the private records so acquired. The amount of compensation shall be payable in such manner and in instalments as shall be determined by the Minister responsible for finance after consultation with the person entitled to the compensation.

Section 14Verify source

Part V

Local government records and access to archives

§ 15Local government records and access to archives - Local governments records and archivesProvision

Chief Executives of local governments must manage current records and establish records centres for semi-current records; the Director must coordinate implementation, inspect premises, advise the Minister, and establish branch repositories to preserve and make archives available for public inspection.

Section Local governments records and archives Section For the purposes of this section— Subject to the provisions of this section, the Chief Executive of each Local Government shall be responsible for the management of current records created, received and maintained by that local government in accordance with section 7 of this Act. Section 7 (d) shall not apply to the Chief Executive and instead the Chief Executive shall be responsible for establishing records centres and managing semi-current records in accordance with section 12 of this Act. subsection 12(e) shall be interpreted to mean that transfer shall be to an archival repository under the control of the Director or to a place of deposit appointed under section 16 of this Act; and subsection 12(f) shall not apply in respect of records to which subsections (1) to (3) of this section apply. The Director shall, in consultation with the Ministry of Local Government, be responsible for co-ordinating the implementation of all the responsibilities in respect of records under subsections (1), (2) and (3) in accordance with section 11 of this Act and for inspecting and advising the Minister on the suitability of premises which are to be used by local governments for maintaining their semi-current records. The Director shall, in consultation with Chief Executives of local governments , establish branch repositories of the National Archives to serve groups of neighbouring local governments and to preserve and make available for public inspection, archives transferred by them under subsection (1) of this section. Subsection (4) of this section does not preclude the appointment under section 16 of this Act of other archival repositories as places of deposit for archives of local governments.

Section 15Verify source

§ 16Local government records and access to archives - Other places of deposit for public archivesProvision

Designated local places of deposit must prepare finding aids and send copies to the Director; the Director may revoke a place's appointment and order transfer of archives if the place fails to maintain facilities, submit finding aids, or be adequately funded.

Section Other places of deposit for public archives Section Where it appears to the Director that a place other than the National Archives or another archival repository under his or her control - affords suitable facilities for the safekeeping and preservation of public archives and for their consultation by the public; and is adequately funded for those purposes; The authority responsible for the public archives in a place of deposit shall prepare appropriate guides, lists, indexes and other finding aids to those archives and submit copies to the Director . If a place of deposit fails to maintain suitable facilities or to submit copies of its finding aids or ceases to be adequately funded, the Director may revoke its appointment and may direct the transfer to the National Archives or another archival repository under his or her control of those archives that he or she may select for permanent preservation.

Section 16Verify source

§ 17Local government records and access to archives - Access to public archivesProvision

Section Access to public archives Section A period of closure beyond thirty years may be prescribed under subsection (1) of this section only when there is a continuing need, after the examination prescribed in subsection (2) of this section, to maintain the security classification of public records or archives or otherwise to restrict public access on grounds of— Subject to any written law prohibiting or limiting the disclosure of information in any public record or archive, public archives in the National Archives , in any other archival repository under the control of the Director or in a place of deposit appointed under section 16 of this Act shall be available for public inspection after the expiration of a period of thirty years from their creation, calculated in accordance with section 3 (2) of this Act; except insofar as a longer or shorter period is prescribed by the Minister by regulations made under section 31 of this Act at the request of the Minister or other head of the organ of State which created the archives or its successor in function. At the expiration of the period of thirty years prescribed in subsection (1), any public records selected for permanent preservation as archives and which are still classified as restricted, confidential, secret or top secret, shall be examined by a competent authority to ascertain whether their continuing classification is necessary and, if it is not, they shall be de-classified and cease to be subject to the Official Secrets Act, and shall become open to public inspection under subsection (1) of this section. national security; maintenance of public order; safeguarding the revenue; or protection of the privacy of living individuals. Public records and archives to which members of the public had access before transfer into the custody of the Director or to a place of deposit appointed under section 16 of this Act shall continue to be open to public inspection irrespective of their age.

Section 17Verify source

§ 18Local government records and access to archives - CopyrightProvision

The Director must not infringe private copyrights when making archives available or providing copies; providing copies does not transfer copyright; publication of certain reproductions is prohibited except with the Director's consent and subject to conditions and prescribed fees.

Section Copyright Section In making available for inspection or providing copies of public archives in his or her custody, the Director shall not be in breach of any private copyrights in any such public archive. The provision of copies of public archives by the Director does not involve the transfer of any copyrights in them to the recipients. The publication of facsimile copies, verbatim transcripts or literal translations of public archives in the custody of the Director in which copyright of the Government of Uganda subsists is prohibited except with the consent of the Director and subject to such conditions as he or she may require and to the payment of such fees as may be prescribed by regulations made under sections 25 and 31 of this Act.

Section 18Verify source

§ 19Local government records and access to archives - Legal validityProvision

Removal of a public record to the Director or an appointed place of deposit does not affect its legal validity; certified copies of public archives in the Director's custody bearing the Agency seal and certified by an authorised officer are admissible as evidence if the original would have been admissible.

Section Legal validity Section The legal validity of any public record shall not be affected by its removal under this Act to the custody of the Director or to a place of deposit appointed under section 16 of this Act. A copy of a public archive in the custody of the Director or of an extract from such an archive examined and certified as a true and authentic copy by an officer authorised by him or her and bearing the seal of the Agency shall be admissible as evidence in any proceedings without any further or other proof of it if the original archive would have been admissible as evidence in those proceedings.

Section 19Verify source

§ 20Local government records and access to archives - Official publicationsProvision

Each organ of State must deposit in the National Archives a copy of every publication it issues, whether for sale or not.

Section Official publications Section Each organ of State shall deposit in the National Archives a copy of every publication which it issues, whether for sale or otherwise.

Section 20Verify source

§ 21Local government records and access to archives - Export of historical documentsProvision

Exporting public records, archives and their photocopies from Uganda is prohibited; export of other historical or cultural documents is prohibited unless a licence to export (issued to the Minister) allows it; the Minister may refuse such a licence and may authorise the Director to establish a register of private records and archives.

Section Export of historical documents Section The export from Uganda of public records and archives and their photocopies is prohibited. The export of other documents which relate to Uganda and are of historical or cultural value is prohibited except in accordance with the terms of a licence to export, issued to the Minister . The Minister may, at his or her discretion, refuse to issue a licence under this section if he or she considers that a document is of such historical or cultural value that its export would not be in the public interest. A licence issued under subsection (1) of this section shall specify each document to which the licence relates and contain such conditions as the Minister may prescribe. For the purposes of this section, the Minister may authorise the Director to establish a register of private records and archives within Uganda.

Section 21Verify source

§ 22Local government records and access to archives - Penalty for removal, destruction or mutilation of public records and archivesOffence

Unauthorised removal, destruction or wilful mutilation of public records or archives is an offence; on conviction liable to a fine (not exceeding one hundred currency points) or imprisonment (not exceeding two years) or both; refusal to return borrowed records is also an offence.

Section Penalty for removal, destruction or mutilation of public records and archives Section Any person who, without proper authorisation, removes any public record or archive from an organ of State or from the National Archives or any other record centre or archival repository under the control of the Director , or from a place of deposit appointed under section 16 of this Act or who destroys any public record or archive except as provided for in sections 7 to 15 of this Act or who wilfully mutilates any public record or archive in an organ of State, in the National Archives or any other record centre or archival repository under the control of the Director or in a place of deposit appointed under section 16 of this Act, commits an offence and is liable on conviction to a fine not exceeding one hundred currency points or imprisonment not exceeding two years or to both. Any public record or archive which has been removed without proper authorisation in the past or may be so removed in the future and which remains within the jurisdiction of the courts of Uganda may be reclaimed by the Agency . Any person who borrows any public record or archive material from an organ of state, or from the National Archives or any other centre or archival repository under the control of the Director or from a place of deposit appointed under section 16 of this Act, and refuses to return such borroweditem commits an offence and is liable on conviction to a fine not exceeding one hundred currency points or imprisonment not exceeding two years or both.

Section 22Verify source

§ 23Local government records and access to archives - Illegal export of historical documentsOffence

Any person who contravenes section 21 commits an offence punishable by a fine of up to one hundred currency points or up to two years imprisonment; related records may be placed at the Director's disposal who may take them into custody.

Section Illegal export of historical documents Section Any person who contravenes section 21 of this Act commits an offence and is liable on conviction, to a fine not exceeding one hundred currency points or imprisonment not exceeding two years or both. The records , archives or historical documents to which an offence under subsection (1) relates shall be put at the disposal of the Director , who may take them into his or her custody, and upon doing so the provisions of this Act relating to public records and archives shall have effect on any which are not already public records or archives .

Section 23Verify source

Part VI

Financial provisions

§ 24Financial provisions - FundsProvision

The funds of the Agency consist of appropriations by Parliament, grants/gifts/donations/loans, moneys from sales/fees/payments for services, and any other moneys received or made available to the Agency to perform its functions.

Section Funds Section The funds of the Agency consist of— money from time to time appropriated by Parliament for the purposes of the Agency ; grants, gifts, donations and loans that may be received by the Agency from any source within or outside Uganda; any moneys which may accrue to the Agency by way of sales, fees or other payments for services; any other moneys received by or made available to the Agency for the purpose of performing its functions under this Act.

Section 24Verify source

§ 25Financial provisions - FeesProvision

Section Fees Section Fees may be charged for the supply of copies, the certification of copies and the provision of other services by the staff of the Agency . The fees shall be prescribed by the Minister by regulations made under section 31 of this Act; and the regulations may authorise the remission or reduction of the fees by the Director.

Section 25Verify source

§ 26Financial provisions - EstimatesProvision

The Director must, not later than three months before the end of each financial year, prepare and submit estimates of the Agency's income and expenditure to the Advisory Committee for approval and recommendation to the Minister; the Director may also submit supplementary estimates before the end of the financial year.

Section Estimates Section The Director shall, not later than three months before the end of each financial year, prepare and submit to the Advisory Committee for its approval and recommendation to the Minister , estimates of income and expenditure of, the Agency for the next ensuing financial year, and may at any time, before the end of that financial year, prepare and submit to the Advisory Committee for approval and recommendation to the Minister , any estimates supplementary to the estimates of the current financial year. No expenditure shall be made out of funds of the Agency unless that expenditure is part of the expenditure approved by the Minister under subsection (1) of this section.

Section 26Verify source

§ 27Financial provisions - AccountsProvision

The Advisory Committee must prepare an annual statement including a report on the Agency's performance; the Agency must keep proper books and records in a form approved by the Auditor General; the Minister may require additional financial information.

Section Accounts Section Subject to any directions given by the Minister , the Advisory Committee shall cause to be prepared in respect of each financial year, a statement which shall include a report on the performance of the Agency during that financial year; and the statement shall comprise— The Agency shall keep proper books of accounts of all its income expenditure and proper records in relation to them in a form approved by the Auditor General. a balance sheet and a statement of income and expenditure of the Agency in respect of that financial year; and any other information in respect of the financial affairs of the agency as the Minister may require.

Section 27Verify source

§ 28Financial provisions - AuditProvision

The Agency’s accounts must be audited by the Auditor-General or an auditor he appoints; the Advisory Committee must submit the statement of accounts for auditing within two months after the financial year-end; the Auditor General has access to financial records and must audit and report within two months of receipt.

Section Audit Section The accounts of the Agency shall, in respect of each financial year, be audited by the Auditor-General or by an auditor appointed by the Auditor General. The Advisory Committee shall ensure that within two months after the close of each financial year, the statement of accounts described in section 27 of this Act is submitted for auditing. The Auditor General or an auditor appointed by the Auditor General shall have access to all books of accounts, vouchers and other financial records of the Agency and be entitled to have any information and explanation required by him or her in relation to them as he or she may think fit. The Auditor General shall, within two months after receipt of the statement of accounts under subsection (2) of this section, audit the accounts and deliver to the Advisory Committee a copy of the audited accounts together with his or her report on them stating any matter which in his or her opinion should be brought to the attention of the Minister .

Section 28Verify source

§ 29Financial provisions - Financial year of the AgencyCommencement

The provision defines the Agency's financial year: for the first accounting period it runs from commencement of the Act until 30 June of the following year; thereafter each accounting period is the twelve months ending 30 June.

Section Financial year of the Agency Section The financial year of the Agency shall, in respect of the first accounting period be the period starting from the date of commencement of this Act and ending on the 30th June the following year, and in respect of any subsequent accounting period shall be the period of twelve months ending on the 30th June.

Section 29Verify source

Part VII

General

§ 30General - Annual reportProvision

The Director must submit an annual report to the Minister within three months after the end of each financial year; the report must be published and the Minister must lay it before Parliament.

Section Annual report Section Within three months after the end of each financial year, the Director shall submit to the Minister a report on the activities of the Agency during that year which shall be published. The Minister shall cause the annual report to be laidbefore Parliament.

Section 30Verify source

§ 31General - RegulationsProvision

The Minister may make regulations, on the advice of the Advisory Committee, to give full effect to the Act.

Section Regulations Section The Minister may and on the advice of the Advisory Committee make regulations for giving full effect to the provisions of this Act.

Section 31Verify source

§ 32General - Power of Minister to amend SchedulesAmendment

The Minister may, with the consent of the Cabinet, amend the Schedules to this Act by statutory instrument.

Section Power of Minister to amend Schedules Section The Minister may, with the consent of the Cabinet, amend the Schedules to this Act by statutory instrument.

Section 32Verify source

§ 33General - RepealRepeal

The Records (Disposal) Act and any rules made under it are repealed.

Section Repeal Section The Records (Disposal) Act, and any rules made under re repealed.

Section 33Verify source

Legislative relationships

11 referenced instruments

Names are derived from the stored provision headings and citation-enrichment layer. Treat this as a research index and verify each relationship against the source text.

A–F

6 instruments

Advisory Committee make regulations for giving full effect to the provisions of this Act
Section 31
Agency . The fees shall be prescribed by the Minister by regulations made under section 31 of this Act
Section 25
Director or in a place of deposit appointed under section 16 of this Act
Sections 17, 22
Director or in a place of deposit established under section 16 of this Act
Section 5
Director or to a place of deposit appointed under section 16 of this Act
Sections 15, 19
Director or to any other place of deposit appointed under section 16 of this Act
Section 8

G–M

1 instrument

Local Governments Act
Section 2

N–S

4 instruments

Records (Disposal) Act
Section 33
Records and Archives in this Act
Section 4
Schedules to this Act
Section 32
State to superintend the action taken there in respect of this Act
Section 7

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15 Jun 2001 · currentEnglish

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