CHAPTER I
General Provision
Section 1. For the purpose of this Decree 'Act' means the Archives Act, 1962.
CHAPTER II
Destruction, Alienation and Depositing of Records
(Archives Act, 1962, Section 2, paragraph 2)
Section 2. Records not kept in State repositories shall be destroyed by order of the
person who is by law responsible for them.
Section 3. 1 The records referred to in Section 2 may, if they are specified in lists
of records eligible for destruction, be destroyed after expiry of the periods stated in
the lists with respect to those records. Such lists shall be drawn up in accordance with
general directives which We shall issue on the recommendation of Our Minister, after
the latter has consulted Our Minister for Home Affairs and has heard the Archives
Council.
2 The records specified in the lists may be destroyd, unless other provision is made
in the lists, within the periods laid down, provided that reproductions have been
made by order of the person who is by law responsible for the records.
3 The lists shall, after Our Minister has heard the Archives Council, be drawn up
a where records of the Upper and Lower Chambers of the States-General, the
other High Councils of State and Our Office are concerned, by Us, on the recom
mendation of Our Minister and of Our Minister for Home Affairs, in agreement
with the appropriate central government body;
b where records of the Ministries and of the central government bodies coming un
der Our Ministers are concerned, by Our Minister and Our Minister concerned;
c where records of Our Ministers without Portfolio and of the central government
bodies coming under them are concerned, by Our Minister and Our Minister con
cerned;
d where records of Our Commissioners in the provinces and of other provincial bo
dies are concerned, by Our Minister and Our Minister for Home Affairs;
e where records of municipal bodies are concerned, by Our Minister and Our Minis
ter for Home Affairs;
f where records of the organs of Water Boards, Fenland Boards and Fenland Pol
ders are concerned, by Our Minister and Our Minister of Transport, Water Control and
Public Works;
g where records of bodies set up under the terms of joint agreements as referred to in
the Joint Agreements Act are concerned, by Our Minister and Our Minister for Horns
Affairs;
h where records of the organs of other public bodies are concerned, by Our Minister
and Our Minister involved in the setting up or recognition of the body in question.
4 Such records as have not been specified in lists, or cannot be considered for such
specification, may be destroyed, in so far as they are records referred to in the pre
ceding paragraph under
a after the Keeper of the State Archives has made a recommendation or, notwith
standing his recommendation, by virtue of an authorization given by Us, on the
recommendation of Our Minister and Our Minister for Home Affairs;
b and c after the Keeper of the State Archives has made a recommendation or, not
withstanding his recommendation, with Our Minister's consent;
d after the Provincial Inspector, if such an official has been appointed, and the
Keeper of the State Archives have made recommendations or, notwithstanding their
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recommendations, by virtue of an authorization from Our Minister and Our Minister
for Home Affairs;
e after the municipal archivist, if such an official has been appointed, and the
Keeper of the State Archives have made recommendations, having heard the person
charged with the inspection of the records, or notwithstanding their recommendations,
by virtue of an authorization from Our Minister and Our Minister for Home Affairs'
f after the Water Board, Fenland Board of Fenland Polder archivist, if such an
official has been appointed, and the Keeper of the State Archives have made recom
mendations, having heard the person charged with the inspection of the records, or,
notwithstanding their recommendations, by virtue of an authorization from Our Mi
nister and Our Minister of Transport, Water Control and Public Works;
g after the Keeper of the State Archives has made a recommendation, having heard
the person charged with the inspection of the records, or, notwithstanding their recom
mendations, by virtue of an authorization from Our Minister and Our Minister for
Home Affairs;
h after the Keeper of the State Archives has made a recommendation or, notwith
standing his recommendation, by virtue of an authorization from Our Minister and
Our Minister involved in the setting up or recognition of the body in question.
Section 4. The custodian of a State repository shall not destroy any records kept
there unless and until Our Minister and the person by whose order they were trans
ferred have authorized him to do so.
Section 5. A certificate shall be drawn up concerning the destruction of records; it
shall, in any case, contain a specification of the records concerned and the reasons
for and the manner of their destruction shall be stated. A copy of the certificate shall be
lept by the person who would have been responsible for them if they had not been
destroyed.
Section 6. Until such time as they are destroyed, records eligible for destruction shall
be regarded as records within the meaning of paragraph lb of Section 1 of this Act.
Section 7. Our Prime Minister shall have the power to lay down regulations in virtue
of which the provisions of Sections 2, 3, 4 and 5 may be departed from in the event
of war, imminent danger of war or other exceptional circumstances.
Section 8. 1 For the alienation, including the exchange, of records not kept in State
repositories, a decision by the person responsible for them by law shall be required.
1 Unless they are alienated for the purpose of implementing a provision laid down by
law, records shall be alienated only if the provisions of paragraph 4 of Section 3
regarding destruction have been applied analogously.
Section 9. The custodian of a State repository may decide on the alienation, including
foe exchange, of any records kept there only for the purpose of implementing a pro
vision laid down by law or after he has been authorized to do so by Our Minister and
by the person by whose order they were transferred.
Section 10. A certificate shall be drawn up concerning the alienation of records; it
shall, in any case, contain a specification of the records concerned and a statement of
lie reasons for their alienation. A copy of the certificate shall be kept by the person
who would have been responsible for them if they had not been alienated.
Section 11. Records may be deposited only if, as a consequence, they are placed in
a repository other than that designated for their safe-keeping by or in virtue of the
Act, and the depositing facilitates their consultation or is in the interests of their pre
servation.
Section 12. The custodian of a State repository shall not deposit any records kept there
unless and until Our Minister has authorized him to do so.
Section 13. For the depositing of records not kept in State repositories, a decision
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