L.R.O. 1/2012
LAWS OF GUYANA
NATIONAL ARCHIVES OF GUYANA ACT
CHAPTER 40:03
Act
9 of 1982
Amended by
6 of 1997
1 – 18 ... 1/2012 (inclusive) by L.R.O.
Pages Authorised
Current Authorised Pages
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Note
on
Subsidiary Legislation
This Chapter contains no subsidiary legislation.
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CHAPTER 40:03
NATIONAL ARCHIVES OF GUYANA ACT
ARRANGEMENT OF SECTIONS
SECTION
1. Short title.
2. Interpretation.
3. Establishment of the National Archives of Guyana.
4. Archivist and his functions.
5. Advisory Committee.
6. Seal.
7. Secrecy.
8. Records in the custody of the Archivist before the
commencement of this Act.
9. Selection, preservation and transfer to the National Archives of
public records.
10. Destruction of public archives and public records.
11. Inspection of public archives.
12. Records of the Ministries of Foreign Affairs and Defence.
13. Declaration of historical records.
14. Gifts, bequests, deposits.
15. Purchases.
16. Special requirements concerning deposits, gifts, bequests and
purchases of records.
17. Report to be submitted to the Minister.
18. Compilation and sale of publications.
19. Copyright.
20. Legal validity of public records.
21. Authentication of copies.
22. Regulations.
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CHAPTER 40:03
NATIONAL ARCHIVES OF GUYANA ACT
9 of 1982 An Act to make provision for the establishment of the
National Archives of Guyana and for other matters
relating thereto.
[18TH SEPTEMBER, 1982]
Short title.
Interpretation.

1. This Act may be cited as the National Archives of
Guyana Act 1982.
2. In this Act—
“authorised officer” means an officer of the National
Archives authorised in writing by the Archivist to
perform functions under the Act;
“Committee” means the Advisory Committee appointed by
the Minister under section 5;
“judicial records” means any records of proceedings before a
court, tribunal, commission, board of inquiry or other
judicial or quasi- judicial body or person which—
(a) are in the custody of—
(i) such court, tribunal, commission,
board, body or person;
(ii) any Ministry, department or public
office; or
(iii) any person lawfully committed with
such custody; or
(b) stand transferred or have been
transferred to the National Archives by or
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under this Act;
“National Archives” means the National Archives of
Guyana established by section 3;
“public archives” means—
(a) all public records which—
(i) are specified by the Archivist as being
of enduring or historical value; and
(ii) stand transferred or have been
transferred to the National Archives by
or under this Act;
(b) any records acquired by the Archivist or
deposited with the National Archives under
sections 14 and 15;
“public office” means any office, institution or agency
financed from public funds and under the
responsibility of a Minister and includes a local
government office, a public corporation and a
corporate body in which the controlling interest is
vested in the State or in any agency on behalf of the
State;
“public records” means—
(a) any records of the Government or of a
public office which —
(i) are in the custody of the Government or
the public office; or
(ii) stand transferred or have been
transferred to the National Archives by
or under this Act;
(b) any judicial record;
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Establishment
of the National
Archives of
Guyana.
Archivist and
his functions.
C. 21:01
“records” includes any manuscript, newspaper, picture,
painting, document, register, printed material, book,
map, plan, drawing, photograph, negative and
positive pictures, photocopy, microfilm,
cinematograph film, video tape, magnetic tape,
gramophone record or other transcription of
language, picture or music recorded by any means
capable of reproduction and regardless of physical
form and characteristics.
3. (1) The National Archives of Guyana is hereby
established as a department and shall consist of the Archivist
and such other persons as may be requisite for the purpose of
carrying out the provisions of this Act.
(2) The National Archives shall be the place of deposit
for the storage and preservation of public archives.
4. (1) The Archivist shall, subject to such directions as
may be given by the Minister, be the principal administrative
officer in charge of the National Archives and shall be the
custodian of the public archives.
(2) Subject to such directions as may be given by the
Minister the Archivist shall—
(a) direct, manage and control the National
Archives;
(b) preserve, describe, classify and arrange
all public archives;
(c) exercise, perform and discharge any power,
duty or function conferred or imposed upon
the Archivist by or under the Publication
and Newspapers Act, any other written law,
or any other provisions of this Act.
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(3) In particular and without prejudice to the
generality of subsection (2) the Archivist may—
(a) subject to section 16, reproduce or publish or
cause to be reproduced or published such
public archives as he may deem fit;
(b) lend, with the consent of the Minister, any
public archives for display at
commemorative, trade, art or international
exhibitions or for any other special purpose
approved by the Minister subject to such
conditions as the Minister may impose with
respect to such loan;
(c) promote the advancement of historical and
cultural knowledge by drawing up lists of
public archives and undertaking historical
and archival research, by publishing indices
and guides to public archives, by opening to
inspection public archives, and by
organising exhibitions;
(d) promote the national advancement by
ensuring that Government officials and the
general public are kept constantly
supplied with information which is of
benefit to the cause of national progress;
(e) apply modern records management
principles and techniques to reduce the
quantity and improve the quality of records,
with particular attention to correspondence,
reports, directives and to office equipment
and supplies;
(f) establish and run an oral archives
programme;
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(g) give advice on all questions of a general
nature regarding public archives;
(h) decide all matters relating to the purchase,
transfer, loan and exchange of records and
authorise the destruction of records in the
custody of the National Archives;
(i) with respect to public records, inspect them
and assess all proposals to destroy or
remove material from ownership of the State
and to ensure the transfer to the National
Archives of such records as are required for
deposit therein;
(j) plan and publish periodically publications
on public archives, monographs, calendars
and collection of records;
(k) exercise his right to recover records;
(l) ensure the restitution to the National
Archives of public records in the possession
of unauthorised persons;
(m) verify and declare the major historical
interest of records owned, possessed or held
by private bodies and individuals and
encourage their voluntary deposit in the
National Archives;
(n) make arrangements for the general and
professional training of the staff of the
National Archives in such manner as may be
prescribed; and
(o) establish links with national institutions
devoted to similar objectives and co-operate
in the organisation and operation of a
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Advisory
Committee.

Seal.

Secrecy.
[ 6 of 1997]

national information system.
5. (1) There shall be appointed by the Minister by
instrument in writing, from amongst persons appearing to the
Minister to be qualified and experienced in matters relating
to the identification, custody, preservation and exploitation
of public archives and records, an Advisory Committee
consisting of not less than nine nor more than twelve
members who shall hold office for two years from the date of
appointment.
(2) The Committee shall advise the Minister on
matters of general archival policy and review the work and
progress of the National Archives.
(3) The Archivist or his nominee shall be the
Chairman of the Committee which shall meet half yearly.
(4) The Committee may regulate its own procedure.
(5) There shall be paid to the members of the
Committee such remuneration, if any, (whether by way of
travelling or other allowances) as the Minister may determine.
6. (1) There shall be an official seal of the National
Archives of a design approved by the Minister.
(2) The seal of the National Archives shall be kept
in the custody of the Archivist and may be used for the
purposes of the National Archives.
(3) The official seal shall be judicially noticed.
7. (1) Every person appointed or employed for the
purpose of carrying out the provisions of this Act shall regard
and deal with all public records which are secret or
confidential or to which access may be restricted as secret.
(2) Every person who is appointed or employed for
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Records in the
custody of the
Archivist
before the
commencement
of this Act.
Selection,
preservation
and transfer to
the National
Archives of
public records.
the purpose of carrying out the provisions of this Act shall
make and subscribe before a magistrate a declaration of
secrecy in the prescribed form.
(3) Any person who in contravention of the
declaration of secrecy made by him under subsection (2)
discloses to any unauthorised person any information
contained in any public record referred to in subsection (1) or
permits any unauthorised person to have access to any such
record shall be liable on summary conviction to a fine of fifty-
five thousand dollars.
8. All records in the custody of the Archivist
immediately before the commencement of this Act shall on
the commencement of this Act stand transferred to the
National Archives.
9. (1) The Archivist or any authorised officer may
examine public records which have not been transferred to
the National Archives and select those which in his opinion
should be preserved and transferred thereto.
(2) The Archivist or any authorised officer shall not,
without the permission of the relevant permanent secretary or
the relevant head of any public office, as the case may be,
examine any public records when such records are classified
as secret or confidential.
(3) Every person responsible for having the custody of
public records which have not been transferred to the
National Archives shall—
(a) afford the Archivist or any authorised
officer appropriate facilities for examination
and selection under subsection (1); and
(b) provide for safekeeping in accordance
with any regulations made under this Act
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Destruction of
public archives
and public
records.
[ 6 of 1997]
or the directions of the Archivist, of such
public records as are selected for deposit
and preservation in the National Archives
pending their transfer to and deposit
therein.
(4) Public records selected under subsection (1)
shall be transferred to the National Archives:
Provided that with the approval of the Minister,
the transfer may be withheld for the time being if in the
opinion of the person having the custody thereof the said
records are required for administrative purposes or ought
to be detained for any other special reason and appropriate
provision will be made for the preservation of such records.
(5) In this section and section 10 “relevant
permanent secretary” and “relevant head of public office”
mean the permanent secretary or head of public office having
supervision over the Ministry, department or public office in
charge of the public record dealt with.
10. (1) Subject to subsection (2), no person shall
destroy or otherwise dispose of, or authorise the destruction
of or other disposal of, any public records in his custody
except with the written permission of the Archivist.
(2) If it appears to the Archivist that any public
archives or public records selected for preservation are
duplicated or no longer need be preserved, the Archivist,
shall authorise the destruction of such archives or records or
dispose of them in any other way:
Provided that nothing in this section shall authorise
the destruction of any records obtained by gift, during the
lifetime of the donor without his consent.
(3) The Archivist may authorise the immediate
destruction or the destruction after the expiration of such
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Inspection of
public archives.
[ 6 of 1997]
specified period as may be agreed upon by the Archivist and
the relevant permanent secretary or relevant head of public
office of any public records that—
(a) by reason of their number, kind or routine
nature do not in his opinion possess any
enduring or historical value for preservation
as public archives; and
(b) are not required for reference after action is
completed or after the expiration of such
period of years from the date on which
action on them is completed as may be
agreed upon between the Archivist and such
permanent secretary or head of public office.
(4) Any person who destroys or otherwise disposes or
authorises the disposal of any public archives or public
records in contravention of this section shall be liable on
summary conviction to a fine of fifty-five thousand dollars.
11. (1) Public archives may be made available for
inspection by all persons thirty years after the conclusion of
the matter to which they refer, with the exception of—
(a) judicial records in criminal proceedings
which may be made available fifty years
after the conclusion of the trial;
(b) records concerning the private lives of
individuals which may be made available
fifty years after the death of the individuals;
(c) public records from the Ministries of
Foreign Affairs and Defence which shall be
subject to the special provisions of section
12.
(2) Notwithstanding the provisions of subsection
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Records of the
Ministries of
Foreign Affairs
and Defence.
(1), the Archivist or any authorised officer may issue special
permission authorising the consultation for research purposes
of certain classes of public archives other than those referred
to in paragraph (c) of that subsection, before the expiration of
the periods specified in that subsection.
(3) The Archivist shall provide reasonable facilities at
such time, place and on the payment of such fees as may be
prescribed for the public to inspect public archives or obtain
copies thereof or extracts therefrom:
Provided that no fee shall be charged for the
inspection of public archives for research purposes.
(4) No person, not being an officer of the National
Archives, shall remove any public archives from any
prescribed place of inspection.
(5) Any person who contravenes subsection (4) shall
be liable on summary conviction to a fine of fifty-five
thousand dollars.
12. (1) Every person shall treat the records of the
Ministries of Foreign Affairs and Defence deposited in the
National Archives with due deference to the confidentiality of
the work of those Ministries.
(2) Records referred to in subsection (1) may be
made available for inspection by all persons fifty years after
the conclusion of the matter to which they refer:
Provided that, notwithstanding the expiration of that
period, the Archivist may, having regard to the
confidentiality of the work of the Ministries of Foreign Affairs
and Defence and to the matter to which any such record
refers, from time to time refuse access by any person to any
such record.
(3) Notwithstanding the provisions of
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Declaration of
historical
records.
[ 6 of 1997]
subsection (2) —
(a) the permanent secretary of the Ministry of
Foreign Affairs, in relation to the records of
that Ministry referred to in subsection (1); or
(b) the permanent secretary of the Ministry of
Defence, in relation to the records of that
Ministry referred to in subsection (1);
may authorise access by persons who in his opinion are bona
fide research workers to such records before the expiration of
the period of fifty years specified in subsection (2), such right
of access to be communicated to the Archivist by the
permanent secretary giving it in a document signed by him
and stipulating the records to which such access is authorised.
(4) The Ministries of Foreign Affairs and Defence shall
in all cases send to the National Archives a copy of all
their official publications.
13. (1) The Archivist may declare to be of major
historical interest any record which is owned, held or
possessed by any person.
(2) Such declaration shall be by notice published in
the Gazette or by writing under his hand served on the person
having the custody of the record, and such record shall not be
exported from Guyana except under and in accordance with a
permit issued by the Archivist under this section.
(3) A permit issued under this section shall contain a
description of the record sufficient to identify it and may
contain such conditions as to the custody, use, preservation
and return of the record as the Archivist deems fit.
(4) Any person who—
(a) exports or attempts to export a record
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Gifts, bequests,
deposits.

Purchases.
declared under subsection (1) to be of major
historical interest from Guyana without a
permit issued under this section; or
(b) fails to comply with any condition of such
permit,
shall be liable on summary conviction to a fine of fifty-five
thousand dollars and to imprisonment for six months.
(5) Any person aggrieved by a declaration under
subsection (1) may appeal to the Minister against such
declaration within twenty-eight days from the date of the
publication of the notice in the Gazette or its service, as the
case may be, and the decision of the Minister on such appeal
shall be final.
14. (1) The Archivist may, on behalf of the Government,
receive gifts and bequests of records which are of major
historical interest.
(2) Persons having custody of records of major
historical interest may with the permission of the Archivist
deposit them with the National Archives.
(3) Persons who have gifted or bequeathed to or
deposited with the National Archives any records under this
section shall have the right to consult them and to make
copies of them free of charge.
(4) The Archivist may, on behalf of the Government,
receive gifts made to the National Archives in cash or in kind
and, subject to any directions given by the Minister, shall
utilise those gifts for such purposes may be specified by the
donor.
15. The Archivist may, on behalf of the Government,
purchase records of major historical interest.

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Special
requirements
concerning
deposits, gifts,
bequests and
purchases of
records.
Report to be
submitted to
the Minister.
Compilation
and sale of
publications.
Copyright.
[ 6 of 1997]
16. (1) Any donor, depositor, vendor or other person
who donates, bequeaths, devises, deposits or sells records to
or with the National Archives may reserve the right to obtain
reproduction thereof without payment and to prohibit
reproductions by any other person until fifty years have
elapsed after their transfer to the National Archives, of the
whole or any portion of any such records which he regards as
secret.
(2) The prohibition on reproduction shall not apply to
any person designated by such donor, depositor, vendor or
other person as is referred to in subsection (1) nor, where the
records relate to property devolving on an heir or successor in
title of such donor, depositor, vendor or other person, to such
heir or successor in title. Such heir or successor in title may, in
addition, make copies of such records without payment.
17. The Archivist shall, not later than the 30th June in
each year, prepare and submit to the Minister a report on the
activities of the National Archives during the last preceding
calendar year.
18. The Archivist shall be entitled to compile and
publish for sale or cause to be compiled or published for sale
specialised catalogues, publications of sources of a national
character, monographs and research papers. The proceeds
of such sales shall be paid into the Consolidated Fund.
19. (1) Copyright shall not be deemed infringed by
the Archivist making or supplying to any person any copy or
reproduction of any public archives made available for public
inspection.
(2) The Archivist shall not be liable for infringement
by third parties of literary property right or analogous rights
arising out of the use of the materials for display, inspection,
research, reproduction or other purposes.
(3) Where any person desires to publish any work
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Legal validity
of public
records.

Authentication
of copies.
Regulations.
containing any passage from any public archives, he shall first
obtain the permission of the Archivist and he shall in that
publication acknowledge the source from which that passage
is taken.
(4) Any person who contravenes subsection (3) shall
be liable on summary conviction to a fine of fifty-five
thousand dollars.
20. Where it is a requirement of the validity of any
public record that it should be kept in or produced from legal
custody, the validity of such record shall not be affected by its
transfer to the National Archives.
21. A copy of or an extract from any record in the
National Archives purporting to be certified as true and
authentic by the Archivist or any authorised officer and
authenticated by having impressed thereon the official seal of
the National Archives shall be admissible in evidence if the
original record would have been admissible in evidence in
any proceedings.
22. The Minister may make regulations generally for
carrying out the provisions of this Act and without prejudice
to the generality of the foregoing, regulations may provide
for—
(a) prescribing anything which is to be
prescribed under this Act;
(b) the admission of the public to the National
Archives and the inspection by the public of
the public archives therein;
(c) the transfer of public records to the National
Archives;
(d) the responsibilities of persons having the
custody of public records for their custody;
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(e) the conditions under which public archives
may be reproduced or published or extracts
made therefrom; and
(f) the preservation, destruction and protection
of public archives.
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