Designated officer may institute proceedings

(1) Proceedings against any person for an offence against or for the recovery of any penalties under this Act or any regulations made thereunder, may be instituted by any designated officer assigned pursuant to section 9 (1) of this Act, who is authorized in that behalf by the special or general directions of the Labour Commissioner and any such officer may prosecute such offence or conduct such proceedings. 13 (2) In any action or other legal proceedings brought against any designated officer in respect of any act done in pursuance or execution or intended execution of this Act, the plaintiff shall not recover unless the plaintiff alleges in the pleadings and proves at the trial that such act was done either maliciously or without reasonable and probable cause.