(1) Where a design has ceased to have effect by reason of failure to pay the fee for the extension of copyright under sub- section (2) of section 11, the proprietor of such design or his legal representative and where th design was held by two or more persons jointly, then, with the leave of the Controller one or more of them without joining the others, may, within one year from the date on which the design ceased to have effect, make an application for the restoration f the design in the prescribed manner on payment of such fee as may be prescribed.