Section 17. Except as otherwise provided by law, all public records shall be kept in the custody of the person having the custody of similar records in the county or municipality to which the records originally belonged; provided, however, that the custodian of public records may enter into a contract for the storage of records containing public record information, but no contract for the storage of public records shall be entered into if the contract prevents or unduly restricts a records access officer or custodian of records from providing or storing the records in accordance with this chapter. Records not directly in the custodian's possession shall be considered in the custody of the custodian if subject to a contract for the storage of public records that is permitted by this section. If the custodian does not have custody of public records, the custodian shall demand delivery from any person unlawfully having possession of the records, and the records shall immediately be delivered by such person to the custodian. A person who refuses or neglects to perform any duty required by this section shall be punished by fine of not more than $20.
Structure Massachusetts General Laws
Part I - Administration of the Government
Section 1 - Supervision of Public Records; Powers and Duties
Section 3 - ''record'' Defined; Quality of Paper and Film; Microfilm Records
Section 4 - Regulation of Recording Materials and Devices; Mandamus
Section 5 - Municipal Records; Copies
Section 5a - Records of Meetings of Boards and Commissions; Contents
Section 6 - Records of Public Proceedings; Preparation; Custody
Section 6a - Records Access Officers; Designation; Powers and Duties
Section 7 - Custody of Old and Other Records
Section 8 - Preservation and Destruction of Records, Books and Papers
Section 8a - Destruction of Certain Records by City and Town Clerks if Micro-Photographed
Section 8b - Destruction or Disposal of Records in Accordance With Chapter 93i
Section 9 - Preservation and Copying of Worn, etc., Records
Section 11 - Fireproof Vaults and Safes
Section 12 - Arrangement of Records
Section 13 - Custodian to Demand Records; Compelling Compliance
Section 14 - Surrender of Records by Retiring Officer
Section 16 - Surrender of Church Records; Jurisdiction of Superior Court
Section 17 - Municipality in Which Records to Be Kept; Contracts for Records Storage; Penalty
Section 17a - Public Assistance Records; Public Inspection; Destruction
Section 17c - Failure to Maintain Public Records of Meetings; Orders to Maintain
Section 18 - Application of Chapter
Section 20 - Payroll, Financial and Other Data in Centralized State Accounting and Payroll Systems
Section 21 - Documents Related to Pensions of Massachusetts Bay Transportation Authority Employees