Seychelles Archives Act

Chapter number: 
211
In force: 
Yes

 

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CONSOLIDATED TO 30 JUNE 2012

 

 

LAWS OF SEYCHELLES

CHAPTER  211

Act 27 of 1964

S.I 95 of 1975

S.I 72 of 1976

Act 23 of 1976

SEYCHELLES ARCHIVES ACT

 [7th November 1964]

 

ARRANGEMENT OF SECTIONS

1.       Short title.

2.       Interpretation.

3.       Establishment of the Seychelles Archives.

4.       Appointment of Curator.

5.       Establishment of Committee of Trustees and Records Committee.

6.       Inspection of public archives.

7.       Reproduction of public archives restricted.

8.       Delivery of copy of every newspaper, book etc. printed in Seychelles.

9.       Deposit of private documents.

10.    Curator may deliver copies, etc.

11.    Regulations.

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1.      This Act may be cited as the Seychelles Archives Act.

2.      In this Act, unless the context otherwise requires -

"Committee of Trustees" means the Committee of Trustees established in terms of section 5;

"Curator" means the officer in charge of the Seychelles Archives appointed in terms of section 4;

"Government" means the Government of Seychelles;

"local authority" means a Local Board of Health constituted under the Public Health Act, or a District Council constituted under the Local Government Act;

"prescribed" means prescribed by regulations made under this Act;

"public archives" means -

(a)     all records which -

(i)      are more than thirty years old; and

(ii)     are specified by the Records Committee as being of enduring or historical value; and

(iii)    are in the custody of or are transferred to the Seychelles Archives;

(b)     any printed Government publication in the custody of or transferred to the Seychelles Archives;

(c)     any document, book or other material acquired for the Seychelles Archives by the Curator in terms of paragraph (g) of section 4;

(d)     any document, other than records, having enduring or historical value which may be deposited temporarily or permanently in the Seychelles Archives;

"records" means records or documents belonging to any Government department or to any local authority which -

(a)     are in the custody of such Government department or local authority; or

(b)     are in the custody of or are transferred to the Seychelles Archives;

"Records Committee" means the Records Committee established in terms of section 5;

"Seychelles Archives" means the Seychelles Archives established in terms of section 3.

3.      There is hereby established the Seychelles Archives wherein shall be preserved and stored public archives and suchrecords as may be in its custody or transferred to it.

4.      The President shall appoint a Curator of the Seychelles Archives who -

(a)     shall direct, manage and control the Seychelles Archives;

(b)     shall, at the request of a Government department or of a local authority, examine any records in the custody of such department or local authority and shall advise such department or local authority as to the care and custody thereof;

(c)     shall ensure the physical protection, storage and arrangement of all public archives and of any records in the custody of the Seychelles Archives;

(d)     shall accept and store any records which are transferred to the Seychelles Archives;

(e)     may, if in his opinion it is necessary for their better preservation, bind or repair any public archives and any records which are in the custody of the Seychelles Archives;

(f)     may, subject to the terms and conditions, if any, on which they were acquired, reproduce or publish any public archives the reproduction or publication of which Government has, with the consent of the owner thereof authorised;

(g)     may, subject to the approval of Government, acquire by purchase, donation, bequest or otherwise any document, book or other material which in the opinion of the Curator is or is likely to be of historical value, or otherwise of public interest;

(h)     may pay for any document, book or material purchased as in paragraph (g) and for the transcribing, binding and repairing thereof as well as of any public archives and records which are in the custody of the Seychelles Archives if in his opinion this is necessary for their better preservation;

(i)      may, subject to the consent of the Committee of Trustees, lend items from the Seychelles Archives to other institutions.

5.      There is hereby established -

(a)     a Committee of Trustees which shall consist of three or more persons appointed by the Minister to advise the Curator on matters of general policy concerning the Seychelles Archives, and to ensure their safety in the event of the death, resignation or removal of the Curator pending the appointment of a successor;

(b)     a Records Committee which shall consist of the Curator and of such other persons as may be appointed by the Minister one of whom shall be chosen from the members of the Committee of Trustees. The Records Committee shall make recommendations to Government as to -

(i)      the retention or destruction of records;

(ii)     the transfer of records to the Seychelles Archives;

(iii)    the classification of records for any of the purposes mentioned in paragraphs (i) and (ii); and

(iv)    any other matters which may be prescribed,

and shall specify those records which in its opinion are of enduring or historical value.

6.      Any person may inspect public archives during such hour as may be fixed by the Minister subject to such conditions or limitations as may be prescribed or as may be imposed by the person from whom they were acquired.

7       (1)     No person may reproduce the whole or any part of the contents of any public archives or records which are in the archives custody of the Seychelles Archives, other than those which may be prescribed, without the written permission of Government and when such permission has been granted only in strict compliance with any conditions or limitations which Government may impose.

(2)     Any person who contravenes the provisions of subsection (1) or contravenes or fails to comply with any conditions or limitations therein referred to shall be guilty of an offence and liable to a fine not exceeding five hundred rupees.

8       (1)     The publisher of every newspaper, periodical, book or copy of every bound pamphlet printed in Seychelles shall, as soon after such newspaper, periodical, book or bound pamphlet is published, deliver one copy direct or by post to the Curator free of charge.

(2)     Any person who fails to comply with the provisions of subsection (1) shall be guilty of an offence and liable to fine not exceeding five hundred rupees.

9.      Any person may deposit either temporarily or permanentlyin the Seychelles Archives any private document provided the Curator considered such document to be of sufficient archival value.

10.    The Curator may deliver copies, replicas or extracts authenticated by him of public archives.

11     (1)     The Minister may make regulations generally for the purpose of carrying out or giving effect to the objects and provisions of this Act.

(2)     In particular and without prejudice to the generality of the foregoing provision such regulations may provide for -

(a)     the care and management of the Seychelles Archives;

(b)     the steps to be taken for the examination, disposal or destruction of any records which are not of sufficient value to justify their preservation;

(c)     the transfer of any records from the custody of any Government department or local authority to the Seychelles Archives;

(d)     the conditions under which persons may deposit private documents in the Seychelles Archives;

(e)     the fees to be paid for making searches, for making use of public archives and for obtaining copies of public archives or replicas thereof;

(f)     the publication of any public archives;

(g)     the preservation and protection of public archives and records in the Seychelles Archives and the conduct of visitors thereto; and

(h)     anything requiring to be prescribed under this Act.

(3)     Such regulations may provide that contravention of or failure to comply with any such regulation shall be an offence and may prescribe the maximum penalties for such offences, in any case the maximum not to exceed a fine of five hundred rupees and a period of six months imprisonment.

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LAWS OF SEYCHELLES

CHAPTER 211

SEYCHELLES ARCHIVES ACT

SUBSIDIARY LEGISLATION

SI. 18 of 1965.

SI. 57 of 1967

 

SECTION 11

SEYCHELLES ARCHIVES (TRANSFER OF RECORDS) REGULATIONS

[29th March, 1965]

 

1.      These regulations may be cited as the Seychelles Archives (Transfer of Records) Regulations.

2.      The civil status registers and other records listed in the schedule to these regulations shall be transferred from the custody of the Chief Officer of the Civil Status or other civil status officer in which they are into the custody of the Seychelles Archives.

3.      (1)     All civil status registers of deaths, marriages and marriages in articulo mortis in the custody of the civil status officer at Anse Royale, Praslin and La Digue which have been closed and which relate to any year more than 25 years ago shall be transferred to the Seychelles Archives.

(2)     This regulation shall remain operative at all times and registers which from time to time come to fall within the category of registers described in the preceding paragraph shall be transferred to the Seychelles Archives.

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SCHEDULE

List of civil status registers and other records to be transferred to the Seychelles Archives.

VICTORIA, NORTH MAHÉ & SOUTH MAHÉ

Marriages

Registers for 1841 to 1849, 1849 to 1855, 1856 to 1893.

Marriages in Articulo Mortis

Registers for 1877, 1879 to 1881, 1883 to 1887.

Divorce

Registers for 1883 to 1892.

Deaths

Registers for 1856 to 1893 (Except 1879, 1886 and 1887).

Births

Registers for 1856 to 1893.

PRASLIN

Births

Registers for 1874 to 1881, 1883 to 1885, 1887, 1890 Vol. I, 1891 to 1893.

Marriages

Registers for 1878 to 1879, 1882, 1885 to 1891, 1893.

Marriages in Articulo Mortis

Registers for 1879, 1887 to 1889, 1891 to 1893.

Deaths

Registers for 1875, 1882, 1886, 1889, 1890 to 1893.

LA DIGUE

Births

Registers for 1874, 1876 to 1877, 1879 to 1886.

Marriages

Registers for 1876, 1880 to 1886, 1892 to 1893.

Deaths

Registers for 1883 to 1885, 1887 to 1888, 1892.

DECENNIAL INDICES

Deaths for Seychelles 1863 to 1872, 1873 to 1882.

Deaths for Central and North Mahe© 1883 to 1892, 1893 to 1912, 1913 to 1922. 1923 to 1932.

Births for Central and North Mahe© 1856 to 1862, 1883 to 1912, 1913 to 1922, 1923 to 1932.

Marriages for Central and North Mahe© 1923 to 1932.

 

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