FOUNDATION OF RECORDS

MANAGEMENT
(IMD 123)

CHAPTER 3
RECORDS MANAGEMENT
LEGISLATION

RESOURCE PERSON:
SUHAILA BINTI OSMAN
FPM UiTMCJ
 LEARNING OUTCOME

• At the end of the course, students should be able to:

 Understand the records management legislation applied in Malaysia.
 WHY RECORDS MANAGEMENT
LEGISLATION?

• Agencies/organizations need to identify records management requirements when

undertaking records appraisal or when designing and implementing a records
management system.
• Part of this process is to identify the legislative requirements for creating, maintaining
and disposing of organization records.
• To promote compliances, accountability and transparency.
• To performs proper records management in accordance with established laws and
regulations and is in force.
 REQUIREMENTS FOR LAW AND RULES

“To assist in the process of enforcement, compliance, monitoring,

accountability and integrity of the record so that it can be a valid
source of evidence”.

(National Archive of Malaysia, 2003)

REGULATION HIERARCHICAL

Act/ Law

Circular / Regulations

Direction

Standard

Guidelines / Procedure
 REGULATION REGARDING
RECORD MANAGEMENT
NO RULES / REGULATION NO RULES / REGULATION
1. National Archives Act 2003 (Act 629) 6. Treasury Circular No. 4 of 2007 –
Amendment to Treasury Instructions (AP) 150
2. Security Instructions Enforced Through General
Circular Letter Hard No. 1 1985 7. Information Technology Directive (MAMPU) - 2007
3. General Circular Letter No. 1 Year 1993 - 8. P.U. (A) 377 National Archives Regulations -
Regulation of Use of Facsimile Machines at Designation of Public Records Disposal Forms 2008)
Government Offices was published on October 13, 2008
4. General Circular Letter No. 1 Year 2003 - 9. Malaysian Standard (MS 2223: 2009 Part 1 & Part 2)
Collection and Preservation of Private Letters of 10. General Circular Letter No. 1st Year 2013 -
Government Servants at the National Archives Unification of Letterhead Format for Federal
of Malaysia Ministries / Departments / Agencies
5. Service Circulars Bill. 5 Year 2007 - Office 11. General Circular Letter No. 4 of 2015 - Transfer of
Management Guide Official Issues to the National Archives of Malaysia
 1. NATIONAL ARCHIVES ACT 2003
(ACT 629)
• An act to provide for the creation, acquisition, custody, preservation, use and
management of public archives and public records; and other related matters
[10.10.2003-PU (A) 300/2003]
 1. NATIONAL ARCHIVES ACT 2003
(ACT 629)
MAIN SECTIONS
1. Section 4 Establishment of National Archives
2. Section 7 Functions of the Director General
3. Section 25 Prohibition on destruction of public
records
4. Section 26 Disposal of public records
5. Section 27 Record Disposal Schedule (JPR)
6. Section 28 Transfer of public records to National
Archives
7. Section 30 The maintenance and control of public
records of public offices that are no
longer functioning
8. Section 31 Acquisition is not a public record
9. Section 35 Return of public record
 1. NATIONAL ARCHIVES ACT 2003
(ACT 629)

ESTABLISHMENT OF NATIONAL ARCHIVES (SECTION 4)

• There should be established a National Archives of Malaysia declared as a federal
archive, for the purpose of providing guidelines for the creation, acquisition, storage
and preservation of records and to provide facilities for reference, research or other
purposes.
 1. NATIONAL ARCHIVES ACT 2003
(ACT 629)
FUNCTIONS OF THE DIRECTOR GENERAL (SECTION 7)
1. Check records in the custody or control of public office, identify records of
national or historical value that are permanent value and provide advice on
the creation, maintenance, storage, use and disposal of such records.
2. Destroy, dispose of or permit the destruction or disposal of public records .
3. Advise the public office on the establishment of the Agency Record Center.
4. Advises public officials in the planning, implementation and evaluation of their
records management programs.
5. Sets standards and procedures for the improvement of public records
management programs and archives.
6. Provides training in record management and early archive administration.
7. Identify and make copies of the essential records necessary for the continued
functioning or restructuring of an organization during and after an emergency
as well as the necessary records for the protection of the rights and interests of
the organization and the individuals directly affected by the organization's
activities .
 1. NATIONAL ARCHIVES ACT 2003
(ACT 629)
PROHIBITION ON DESTRUCTION OF PUBLIC RECORDS (SECTION 25)

• Notwithstanding any written law to the contrary, no person shall, except with the prior
written consent of the Director General, destroy or permit the destruction of any public
record in the custody or control of such person.

• PENALTY SECTION 25 (5) OF THE NATIONAL ARCHIVES ACT

A FINE OF NOT MORE THAN RM5,000.00

OR
1 YEAR IN PRISON
OR
BOTH
 1. NATIONAL ARCHIVES ACT 2003
(ACT 629

DISPOSAL OF PUBLIC RECORDS (SECTION 26)

Not worth anything
The Director
General may Not referenced again
authorize the
Action completed
disposal of any
public record or Approved expiration (JPR)
class of public
records Physical conditions that do not
permit its preservation
 1. NATIONAL ARCHIVES ACT 2003
(ACT 629)
RECORD DISPOSAL SCHEDULE (JPR) (SECTION 27)

• It is the duty of the chief public office administrator to prepare the Record Disposal
Schedule.
• Power of Director General of National Archives is to approved it.
 1. NATIONAL ARCHIVES ACT 2003
(ACT 629)
TRANSFER OF PUBLIC RECORDS TO NATIONAL ARCHIVES (SECTION 28)

A record of national or historical value is permanent.

Immediate transfer of inactive electronic records.

Suspension of transfer.
 1. NATIONAL ARCHIVES ACT 2003
(ACT 629)
THE MAINTENANCE AND CONTROL OF PUBLIC RECORDS OF PUBLIC OFFICES
THAT ARE NO LONGER FUNCTIONING (SECTION 30)

• Authorizes the National Archives to maintain and maintain public records whose
offices no longer function.
 1. NATIONAL ARCHIVES ACT 2003
(ACT 629)
ACQUISITION IS NOT A PUBLIC RECORD (SECTION 31)

• The Director General of the National Archives may obtain non-public or historical
records of national or historical value.
 1. NATIONAL ARCHIVES ACT 2003
(ACT 629)
ESTABLISHMENT OF RECORD CENTER AND CENTRAL RECORD AGENCY

• The Director General may advise and authorize the establishment of an Agency
Records Center for the operation of a public office which shall be responsible for the
maintenance and preservation of such public office records within the Agency
Records Center.
 1. NATIONAL ARCHIVES ACT 2003
(ACT 629)
RETURN OF PUBLIC RECORD (SECTION 35)

• National Archives as 'custodian‘.

• Returns the public record if requested by the office of its creator provided they
submit a written request.
• The Director General of the National Archives reserves the right not to return the
record if the record is too old.
 2. SAFETY INSTRUCTIONS(ARAHAN
KESELAMATAN)
• PART 3: ADVANCED DOCUMENT MANAGEMENT (PENGURUSAN DOKUMEN
TERPERINGKAT)

• Establish the security level of official government documents.

• Rules for the maintenance and use of enhanced records.
• Disposal of classified records.
3. GENERAL CIRCULAR LETTER NO. 1 YEAR
1993 - REGULATION OF USE OF FACSIMILE
MACHINES AT GOVERNMENT OFFICES
 DISPOSAL OF PRINTED MATERIALS /
USED PAPER FROM MINISTRIES /
GOVERNMENT DEPARTMENTS / STATUTORY
BODIES - MINISTRY OF FINANCE LETTER
DATED NOVEMBER 3, 1993
 4. GENERAL CIRCULAR LETTER NO. 1 YEAR 2003 -
COLLECTION AND PRESERVATION OF PRIVATE LETTERS
OF GOVERNMENT SERVANTS AT THE NATIONAL ARCHIVES
OF MALAYSIA
 5. SERVICE CIRCULARS BILL. 5 YEAR
2007 - OFFICE MANAGEMENT GUIDE
PART VI GOVERNMENT MAIL • Preparation of Letter
AFFAIRS • Registration And Distribution
• Management of Classified Letters

PART VII FILE MANAGEMENT • Importance of File Management

File Classification
• Item Classification and Encoding
• Management Procedures
Document Management System and Electronic
Records
Computer Application System Development
• File Disposal
PART VIII PUBLIC RECORDS Responsibilities of Head of Department and Head of
MAINTENANCE, Agency:
MAINTENANCE AND 1. Compliance with standards, record room, disposal
DISPOSAL and Department of Public Records (PRJ)
• Public Records Maintenance and Maintenance
• Minor Repair
• Record Room
• Preparation of Record Disposal Schedule (JPR)
Important Record Program
• Disaster Action Plan
 6. TREASURY CIRCULAR LETTER
NO. 4 OF 2007

NATIONAL ARCHIVE

PERMISSION TO
DESTROY PUBLIC NATIONAL AUDIT

RECORDS
NATIONAL ACCOUNTANT
6. TREASURY CIRCULAR LETTER
NO. 4 OF 2007
 7. INFORMATION TECHNOLOGY
INSTRUCTIONS (MAMPU)
• The guidelines aim to meet the minimum requirements to support the Electronic
Government Activities Act (EGAA) 2007 in facilitating electronic transactions .
• Information Technology Instructions, Chapter 4, Electronic Record Management .
 8. P.U. (A) 377 NATIONAL ARCHIVES
REGULATIONS (DETERMINATION OF FORMS
FOR PUBLIC RECORDS DISPOSAL 2008) WAS
PUBLISHED ON OCTOBER 13, 2008
9. MALAYSIAN STANDARD
(MS 2223:2009)
• Guide for managing records created
by an organization, public or private,
for internal and external customers.
• Used by professionals in record
management and those responsible
for managing records in the
organization.
• An important source of resources for
preparing a record management
program.
• Audit and compliance in record
management.
10. GENERAL CIRCULAR LETTER NO. 1ST YEAR
2013 - UNIFICATION OF LETTERHEAD FORMAT
FOR FEDERAL MINISTRIES / DEPARTMENTS /
AGENCIES
11. GENERAL CIRCULAR LETTER NO. 4 OF
2015 - TRANSFER OF OFFICIAL ISSUES TO
THE NATIONAL ARCHIVES OF MALAYSIA
EXAMPLES OF OFFICIAL ISSUES
 SUMMARY

• Chapter 3 has introduced the records management legislation which

covered the following terms:
• Why records management legislation?
• Requirements for law and rules
• Regulation hierarchical
• Regulation regarding record management